Bauer, & Wigginton L.L.C.

Know your rights when signing an apartment or housing lease

Fri, 24 Jul 2026 13:19:53 GMT

Eligibility for expungement varies depending on state laws and the specifics of the offense. At Bauer Scanlon & Wigginton, we work closely with clients to evaluate their eligibility and develop a strategy tailored to their situation.

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

After the court grants the expungement, we ensure all relevant agencies (e.g., law enforcement and background check companies) update their records. This ensures your expunged record is no longer accessible.

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

Myth 4: Expungement Guarantees No Future Issues While expungement significantly reduces visibility, certain entities (like government agencies) may still access the record in specific circumstances.

How Bauer Scanlon & Wigginton Can Help

At Bauer Scanlon & Wigginton, we understand that your future is at stake. Our dedicated attorneys specialize in navigating the intricacies of expungement law, ensuring the best possible outcome for your case. Here’s how we can support you:

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

If you are entering a lease on an apartment or housing, make sure to carefully review the lease. Some landlords will take advantage of tenants’, especially younger tenants’, ignorance of the law. Your lease may include a “Release” clause which absolves your landlord of any responsibility for damage caused to you or the property.

We recently had a case where a tenant signed a lease with a “Release” clause. This released the property management group of any liability for damages caused in any capacity. From the day our client moved in, there was water damage found in the apartment. Within a month and half of moving in, significant mold growth had occurred as well.

Under Pennsylvania law, there is an implied warranty of habitability that applies to any residential lease agreement. This requires residential landlords to provide their tenants with a living space that is safe, sanitary, and reasonably comfortable. The landlord may be in breach of the warranty if the dwelling does not provide a space fit for habitation of the tenants.

This is a great example of a situation where the implied warranty of habitability overrides the language of the lease and “Release” clause. We have helped renters in Delaware County and the surrounding counties stand up for their rights against overreaching landlords. Don’t get taken advantage. Call us today to schedule a consultation to discuss your lease dispute.

Parole Violation Dismissed and Client Released from Prison

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

If you or someone you know is on probation or parole, it is important you understand your rights and responsibilities. The Pennsylvania Superior Court in Commonwealth v. Koger, 255 A.3d 1285, 1291 (Pa. Super. 2021), handed down a decision that is having a major impact on individuals under court supervision. In Koger, it was found that the sentencing court did not impose any specific probation or parole conditions when Koger was originally sentenced. Therefore, Koger could not be found in violation of any specific conditions and revoke his parole.

Based on that decision, our firm recently filed a successful Koger motion for one of our clients. We were able to get his alleged parole violation dismissed and his release from prison for the very same reasons outlined in Koger.

If you or someone you love is on probation or parole supervision and are alleged to have violated a condition of court’s supervision, speak with an attorney immediately. You should understand all rules or conditions you are expected to follow in accordance with your initial sentencing. You may have recourse in a Koger motion to protect your freedom and liberty.

At Bauer, Scanlon, & Wigginton, we will make sure you are vigorously protected from Commonwealth’s overreach. Call us today for a free consultation!

What PA Residents Should Know About New Jersey’s New Marijuana Laws

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

Marijuana is now legal for both medicinal and recreational purposes in New Jersey. For many marijuana users, this is a welcome development. However, it is critical for people living in Pennsylvania to under understand the interplay of state and federal laws to avoid any unpleasant consequences. While it is now legal for Pennsylvania residents to purchase and use marijuana products in New Jersey, it is still illegal to bring those products back to Pennsylvania.

Marijuana is still a Schedule I controlled substance and illegal to possess in Pennsylvania and in the eyes of the Federal Government. If you visit New Jersey to buy marijuana or marijuana products, it is a criminal offense to bring it back to Pennsylvania. Furthermore, it is also a federal offense to transport narcotics across state lines. Both the Pennsylvania Controlled Substances Act and the U.S. Code of Federal Regulations Title 21 call for prison sentences if convicted of these offenses. You may be subject to more serious drug trafficking charges and face a more severe prison sentence dependent on the amount of marijuana possessed.

It is important to remember that medicinal marijuana is legal in Pennsylvania. You are not in danger of committing a criminal offense if you purchase or possess marijuana pursuant to a valid medical prescription.

We live in a time of changing mores and laws regarding drug possession. Marijuana is and will continue to be at the forefront of these changes. We encourage residents of Pennsylvania to educate themselves on marijuana laws so they can safely and legally enjoy its benefits. If you are charged with illegal possession of marijuana or any other controlled substances, the attorneys at Bauer, Scanlon, & Wigginton are here to help! We will navigate you through the legal process and fight to avoid any harsh or unnecessary consequences. Give us a call today and our experienced attorneys will be your shield against the weight of a government prosecution.

The Importance of Expert Analysis in Your DUI Case

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

In our increasingly complex world, we rely more than ever on experts’ analysis. In the legal world, this is especially true. If you’ve been charged with Driving Under the Influence (DUI), it is important to have an experienced and knowledgeable attorney to make sure nothing is being missed and to recommend an expert depending on the circumstances of your case.

Most people provide a blood or chemical breath sample when arrested for DUI. The Commonwealth relies on experts in the field of toxicology as part of establishing your level of intoxication and whether you were safe to drive a vehicle. Your attorney will review these reports and may even recommend bringing in an independent expert. Often, cases come down to a “Battle of the Experts”. Our team will evaluate whether outside counsel is needed to combat the Commonwealth. Your freedom and liberty may depend on it.

In a recent case, the team at Bauer Scanlon & Wigginton successfully defended an individual against DUI charges. Our client was able to provide evidence that she had drunk AFTER driving but before she provided a blood sample. The Commonwealth’s expert claimed that she had consumed alcohol before driving and corroborated the DUI charges. Our independent expert provided a countervailing analysis corroborating our client’s claim. She did not drink before driving. She drove home, consumed alcohol and then the police arrived at her door for the blood test. Our expert credibly found that his analysis of the toxicology report corroborated our client’s version of events. Our client, based largely on our expert’s analysis, was found Not Guilty of DUI.

If you find yourself facing criminal charges, such as DUI, you can rely on our firm to recommend and find the right expert to help refute the charges against you and preserve your liberty and freedom. Call us today for a free consultation.

What is a Gagnon Hearing?

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

Probation, for many, represents a second chance. But what happens if you’re accused of violating the terms of your probation? Enter the Gagnon hearings. These hearings determine whether someone on probation or parole in Pennsylvania has violated their conditions. For those residing in Media, PA, it’s essential to grasp the intricacies of Gagnon hearings to know your rights and what to expect. Here, we will explore this subject in-depth.

A Gagnon hearing is a two-part legal procedure named after a landmark case, Gagnon v. Scarpelli, that determines if a probationer or parolee has violated their terms of release and, if so, the subsequent punishment for that violation.

Gagnon I Hearing: This is an initial hearing that determines if there is probable cause to believe parole violation took place. It occurs shortly after the probationer or parolee is taken into custody for the alleged violation. The objective is to decide if they should remain detained until their final hearing.
Gagnon II Hearing: This is the final violation hearing where it’s determined if the defendant indeed violated their probation or parole conditions. If the court finds that they did, they can then face penalties, including potential reincarceration.

The Significance of Gagnon Hearings

Why are these hearings so pivotal? For one, they ensure due process for those on probation or parole. Even if someone is alleged to have broken the rules, they’re entitled to a fair hearing. This is essential for maintaining trust in our justice system, especially for those already trying to rebuild their lives post-conviction.

What Can Lead to a Violation Hearing?

Probation violations can range from minor infractions to more severe breaches. Common reasons that might bring someone to a Gagnon hearing include:

Technical Violations: Missing appointments with a probation officer, failing drug or alcohol tests, or not attending mandatory classes or meetings.
New Criminal Charges: Being arrested and charged with a new crime while on probation.
Failure to Pay Fines or Restitution: Not keeping up with financial obligations set by the court.
Leaving the Jurisdiction: Traveling outside of the allowed area without permission.

Your Rights During a Gagnon Hearing

If you or a loved one faces a Gagnon hearing in Media, PA, it’s crucial to be aware of your rights:

Right to be Heard: The defendant has the right to testify and present witnesses or evidence in their defense.
Right to Notification: The defendant must be informed in writing of the claimed violations against them.
Right to an Attorney: If the defendant can’t afford one, a public defender will be provided. It’s always advisable to have legal representation, given the result of the hearing could mean the difference in your freedom or incarceration.

The Role of an experienced criminal defense attorney in Gagnon Hearings

Facing a Gagnon hearing can be a stressful and daunting experience. Having experienced attorneys by your side can be a game-changer. At Bauer Scanlon & Wigginton, we pride ourselves on providing meticulous, dedicated representation for those facing probation and parole violation hearings.

We thoroughly investigate every aspect of the alleged violation, ensuring our clients’ rights are upheld and presenting a robust defense. Our mission is to secure the best possible outcome for each individual, recognizing the profound impact these hearings can have on someone’s life.

Conclusion

Hiring an attorney who is an expert at Gagnon hearings can mean the difference between continued freedom and a return to confinement. Navigating this complex legal terrain requires knowledge, expertise, and dedication.

For anyone facing such a hearing, or for those who want to better understand the legal framework that shapes life post-conviction in Pennsylvania, the attorneys at Bauer Scanlon & Wigginton are here to assist, guide, and advocate for you. Your future, your freedom, and your rights deserve nothing less than the best representation. Call us for a free initial 30-minute consultation at (610) 590-5092 .

How Do I Clear My Criminal Record for a Fresh Start : Petition for Expungement

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

Criminal records can impact every aspect of one’s life. From job applications to housing opportunities, a criminal record may impede your progress even if your offense was minor or occurred many years ago. But in Pennsylvania, as in many states, there’s a remedy: expungement. This article aims to shed light on the ins and outs of expungement law in the Keystone State and answer the question, brought to you by the trusted team at Bauer Scanlon & Wigginton, based in Media (Delaware County), Pennsylvania.

What is Expungement?

At its core, expungement means the removal of a criminal record or part of a criminal record from public view. It doesn’t mean the erasure of records, but rather they are sealed and can’t be accessed in regular background checks.

Who is Eligible for Expungement in Pennsylvania?

Pennsylvania’s expungement laws are tailored to allow individuals with minor offenses or aged charges to move on from their past. The eligibility for expungement in Pennsylvania includes:

Summary Offenses: If you were convicted of a summary offense and have been arrest-free for five years, you might be eligible for expungement.

Individuals 70 Years or Older: If a person is 70 years old or older and has been free of arrest or prosecution for ten years following their last release from confinement or supervision, they may be eligible.

Upon Death: Criminal records can be expunged for deceased individuals upon a family member’s request.

Non-Conviction Records: If you were arrested but not convicted, those records can be expunged. This includes cases where charges were dropped or you were found not guilty.

Juvenile Records: Pennsylvania offers opportunities for juveniles to have their records expunged, especially in instances where the offenses would have been considered minor if committed by an adult.

ARD (Accelerated Rehabilitative Disposition) Program: If you’ve successfully completed the ARD program for certain offenses, you may qualify for expungement.

It’s essential to note that not all criminal records can be expunged. Serious crimes, especially those involving violence, may remain on one’s record indefinitely.

How Does the Expungement Process Work?

File a Petition: The process begins by filing a petition in the Court of Common Pleas in the county where the charges occurred. This petition outlines the reasons for requesting expungement and provides relevant details about the case.

District Attorney’s Review: Once filed, the district attorney’s office reviews the petition. They can either approve it, not contest it, or object.

Hearing: If the district attorney’s office objects to the petition, a hearing is scheduled. Here, the petitioner must prove that their right to expungement outweighs the state’s interest in preserving the record.

Judge’s Decision: After the hearing or once the DA approves, the judge will make a decision. If approved, the order for expungement is sent to the Pennsylvania State Police and other relevant agencies to action.

Completion: Once all agencies have processed the order, the record will be sealed from public view.

Why Seek Expungement?

There are numerous reasons why individuals seek expungement. Primarily, it provides an opportunity for a fresh start. By removing a criminal record from public view, individuals can apply for jobs, housing, or education opportunities without the stigma of a past offense.

Trust Experienced Attorneys

Expungement law is nuanced, and each case has its unique circumstances. For best results, it’s essential to work with experienced expungement attorneys that specialize in Pennsylvania’s criminal defense laws.

At Bauer Scanlon & Wigginton in Delaware County, Pennsylvania, our team is dedicated to helping clients understand their rights and guiding them through the expungement process. We believe in second chances and are here to assist those seeking a brighter future, free from the shadow of past mistakes.

If you or a loved one needs advice or representation related to expungements in Delaware County, Pennsylvania, call us now for a free initial 30-minute consultation at (610) 590-5092 .

A Guide to Expungements in Delaware County Pennsylvania by Criminal Defense Lawyers at Bauer Scanlon & Wigginton

The Importance of PennDOT Hearings for Traffic Offenses

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

Traffic offenses may seem minor when viewed in isolation. A speeding ticket here or a red-light violation there may appear to be mere inconveniences. However, these seemingly small infractions can lead to significant repercussions that extend far beyond a mere fine. For Pennsylvania drivers, understanding the intricacies of the Pennsylvania Department of Transportation (PennDOT) hearings can be critical to preserving your driving privileges and avoiding future complications.

The Domino Effect of Traffic Violations

Many drivers are unaware of the cumulative impact of multiple traffic violations. In Pennsylvania, the PennDOT utilizes a points system. For each violation, a certain number of points are added to the driver’s record. Accumulate enough of these points, and a driver may face penalties ranging from mandatory defensive driving courses to a suspended license.

As points accumulate, drivers can find themselves closer to more significant penalties. This is especially true for those who might have been involved in more serious violations, like DUIs, which can lead to more severe consequences in the state.

The Role of PennDOT Hearings

The importance of PennDOT hearings cannot be overstated for those facing potential license suspensions or other severe consequences. These hearings are where drivers have the opportunity to:

Present Their Case: It’s an avenue to explain the circumstances surrounding the violation, which might not have been clear at the time of the incident.
Seek Leniency: Depending on the situation, drivers might be able to request alternative solutions, like attending a driving course instead of facing a license suspension.
Protect Their Driving Privileges: For many, driving isn’t just about convenience; it’s about livelihood. For those who rely on driving for their job, such as delivery drivers or salespeople, losing driving privileges can be tantamount to losing employment.

Why Legal Representation Matters

Facing a PennDOT hearing can be daunting, especially when one’s driving privileges hang in the balance. Here’s where the expertise of a criminal defense attorney becomes invaluable:

Understanding the Process: The legal system, with its jargon and procedures, can be confusing. Having an attorney means you’ll have someone to guide you through the process, ensuring you understand each step.
Crafting a Defense: While it might seem straightforward to explain a situation, crafting a compelling defense requires expertise. An experienced attorney knows what the hearing officers will consider relevant and how best to present your case.
Negotiating Alternatives: In some situations, alternative solutions may be available. A criminal defense attorney can negotiate on your behalf, seeking leniency or alternative penalties that can help preserve your driving record.
Peace of Mind: Knowing that you have an expert in your corner, advocating for your rights, can significantly reduce the stress and anxiety associated with traffic violations and their repercussions.

In Conclusion

Traffic violations are more than just minor road bumps in life. They can have a cascading effect on one’s driving record, leading to more substantial consequences. However, Pennsylvania drivers have recourse. By understanding the importance of PennDOT hearings and seeking legal representation, drivers can better navigate these challenges, ensuring they’re treated fairly and understanding how to protect their rights.

For anyone facing potential repercussions from traffic violations, it’s essential to remember that you have options. The first step is to understand the significance of the PennDOT hearing process. The next, equally crucial step is to secure representation, such as a DUI defense attorney, that knows the ins and outs of this unique area of the law. Your future, your freedom, and your rights deserve nothing less than the best representation. Call us for a free initial 30-minute consultation at (610) 590-5092 .

The Role in PennDOT Hearings for Protecting Your Rights and Future

Miranda Warning and Understanding Your Rights

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

In the realm of criminal law, a few words can bear a weight of significance that’s hard to overstate. If you’ve ever watched a crime drama, you’re familiar with the scene: a person is being arrested, and as the handcuffs click, the officer begins, “You have the right to remain silent…” These words, universally recognized, form part of the “Miranda Warning.” For clients of Bauer Scanlon & Wigginton and anyone who might find themselves on the wrong side of the law, understanding these rights is crucial. Let’s dive deep into the origins, importance, and intricacies of the Miranda Warning.

Historical Context: The Miranda Case

The Miranda Warning owes its name to a landmark 1966 Supreme Court case, Miranda v. Arizona. Ernesto Miranda, the petitioner, was accused of kidnapping and rape. During his police interrogation, he confessed without being informed of his right to counsel or his right to remain silent. The Supreme Court ruled that the confession was inadmissible, opining that every individual should be informed of their rights when taken into custody. This case forever altered the landscape of American criminal procedure.

Components of the Miranda Warning

The exact wording can vary, but the Miranda Warning typically comprises four primary components:

Right to remain silent: Anything you say can be used against you in court.
Right to an attorney: You have the right to consult with an attorney and have that attorney present during questioning.
Appointment of an attorney: If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
Continuation of rights: If you decide to answer questions without an attorney present, you still have the right to stop answering at any time.

Why is the Miranda Warning Crucial?

At its core, the Miranda Warning safeguards the Fifth Amendment rights of individuals, ensuring protection against self-incrimination. Furthermore, it upholds the Sixth Amendment, guaranteeing the right to counsel. By mandating that these rights be clearly communicated at the point of arrest, it ensures that individuals are fully aware of their protections and can make informed decisions about cooperation with law enforcement.

Conclusion

Understanding Your Rights: A Deep Dive into the Miranda Warning

When Should Miranda Rights Be Read?

Waiving Your Miranda Rights

Invoking Your Miranda Rights

Understanding the Limits

Contrary to popular belief, law enforcement doesn’t always have to read you your rights immediately upon arrest. The Miranda Warning is specifically required before a “custodial interrogation.” This means that if you’re in custody and the police wish to question you about a crime, they must first inform you of your Miranda rights. If they fail to do so, any statements you make may be inadmissible in court.

Upon hearing your rights, you can choose to waive them. However, this waiver must be done “knowingly and intelligently.” You should understand the nature of the rights you’re relinquishing and the potential consequences of doing so. If you decide to speak to the police after being Mirandized, it’s interpreted as a waiver, but it’s always a good idea to verbally confirm your intentions.

If you choose to invoke your rights, be clear and unequivocal. For instance, if you wish to remain silent, you might say, “I am choosing to remain silent and want an attorney.” Once you invoke your right to an attorney, law enforcement should cease all questioning.

While the Miranda Warning offers vital protections, it’s not a universal shield. For instance, if you volunteer information without being prompted by law enforcement, even if you haven’t been Mirandized, those statements can be used against you. Moreover, if the police neglect to read you your rights but later do so and you then confess, that later confession might still be admissible.

The Miranda Warning stands as a beacon of individual rights in the often intimidating world of criminal law. While the phrases are popularly known, truly understanding their depth and implication can mean the difference between a fair process and an unjust conviction.

For anyone facing criminal charges, the guidance of an experienced attorney cannot be overemphasized. At Bauer Scanlon & Wigginton, we are committed to ensuring that your rights are protected at every step of the judicial process. If you or a loved one need counsel or simply have questions about the legal landscape, we are here to assist. Always remember, knowledge is the first line of defense. Call us for a free initial 30-minute consultation at (610) 590-5092 .

The Impact of Social Media on Criminal Defense Cases

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

In the evolving landscape of criminal defense, social media has emerged as a significant player. The criminal defense lawyers at Bauer, Scanlon & Wigginton in Media, PA, understands the complexities of this new digital frontier. This article explores how social media is reshaping criminal defense, its benefits, challenges, and ethical considerations.

Social Media as Evidence

Social media platforms, including Facebook, Twitter, and Instagram, have become treasure troves of potential evidence in criminal cases. Posts, messages, photos, and videos can be leveraged by both prosecution and defense. For defense attorneys, this means a meticulous approach to scrutinizing social media content that could vindicate their clients or mitigate charges.

The Changing Landscape of Investigation

The traditional methods of criminal investigation are now complemented by digital sleuthing. Defense teams are increasingly relying on social media to uncover new leads, establish alibis, or find inconsistencies in witness statements. This digital footprint can provide a more holistic view of a case.

Impact on Jury Perception

Social media not only serves as a source of evidence but also influences public opinion, which can indirectly impact jury perception. Defense attorneys must be vigilant about the online narrative surrounding their cases, managing their clients’ digital presence and countering any negative publicity.

Conclusion

Social media has undeniably changed the face of criminal defense, presenting both opportunities and challenges. As a leading criminal defense law firm in Media, PA, Bauer, Scanlon & Wigginton is at the forefront of integrating these digital dimensions into their defense strategies. By understanding the impact of social media, they are better equipped to defend their clients in this modern age of digital evidence and online narratives. Give us a call to schedule a free consultation.

The Impact of Social Media on Criminal Defense Cases

Ethical and Privacy Considerations

Challenges in Admissibility

The Role of Social Media in Sentencing

Training and Expertise Required

Navigating social media in criminal defense raises ethical questions. The privacy rights of individuals, the authenticity of digital evidence, and the potential for prejudicing a case are significant concerns. Defense attorneys must adhere to strict ethical guidelines while leveraging social media in their strategy.

One of the biggest challenges is the admissibility of social media evidence in court. Defense lawyers must ensure that the evidence complies with legal standards for relevance, authenticity, and no violation of privacy laws. Overcoming these hurdles requires technical know-how and legal acumen.

Social media can play a role not just in the trial phase but also in sentencing. Posts and online behavior can be used to paint a picture of the defendant’s character, influencing sentencing decisions. Defense attorneys must be prepared to counter negative portrayals and highlight positive aspects of their client’s online presence.

The intricacies of social media in criminal defense necessitate specialized training and expertise. Lawyers must stay abreast of the latest digital trends, understand the nuances of various platforms, and develop strategies to effectively utilize or counter social media evidence.

Pretrial Publicity and its Impact

Social Media Monitoring

The Future of Social Media in Criminal Defense

Social media amplifies pretrial publicity, which can be a double-edged sword. While it can help in garnering public support, it can also lead to a tainted jury pool. Navigating this landscape requires strategic communication and sometimes, motions for change of venue or jury sequestration.

Proactive social media monitoring is crucial for defense teams. Keeping tabs on what is being said about a case online can help in formulating a robust defense strategy and in anticipating the prosecution’s moves.

As social media continues to evolve, its role in criminal defense will only grow. Future trends might include the use of artificial intelligence in analyzing social media data and an increased focus on digital privacy laws.

Juvenile Crime in PA: How It’s Different from Adult Crime

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

In Pennsylvania, as in many states, the approach to handling juvenile crime stands in stark contrast to adult criminal proceedings. This difference is not just a matter of legal procedure but also of philosophy and intent. For the legal team at Bauer, Scanlon & Wigginton in Media, PA, understanding these distinctions is critical in providing effective representation for young clients in Delaware County.

The Philosophy Behind Juvenile Justice

The juvenile justice system in Delaware County Pennsylvania has its roots in the early 20th century, a period marked by a progressive approach to juvenile delinquency. Unlike the adult criminal justice system, which is primarily punitive, the juvenile system is predicated on the belief in the inherent malleability of youth. This system posits that young offenders can be rehabilitated and reintegrated into society more effectively than adults. As such, the juvenile courts focus on rehabilitation rather than punishment.

Legal Differences

One of the most striking differences between juvenile and adult criminal proceedings is the language used. In juvenile courts, offenders commit “delinquent acts” rather than “crimes”. This linguistic distinction underscores the system’s rehabilitative intent. Furthermore, juvenile proceedings are typically less formal and more flexible than adult courts, allowing for a more individualized approach to each case.

In Pennsylvania, the age of majority is 18, which generally determines the jurisdiction of juvenile vs. adult court. However, there are exceptions, especially for serious offenses where juveniles can be tried as adults. Additionally, juvenile records are more protected, offering young offenders a chance to move past their mistakes without the burden of a public criminal record.

Sentencing and Rehabilitation

Sentencing in the juvenile system varies significantly from adult courts. While adults might face prison sentences, juveniles are more likely to receive probation, be placed in a rehabilitation program, or be ordered to perform community service. Pennsylvania’s focus on rehabilitation is evident in the availability of various programs aimed at education, skill development, and psychological support.

Juvenile detention centers also differ from adult prisons, emphasizing education and rehabilitation over punishment. The success stories from these centers, where former delinquents have turned their lives around, are testaments to the effectiveness of this approach.

Juvenile Crime in PA: How It’s Different from Adult Crime

The Role of a Defense Attorney in Juvenile Cases

Challenges and Controversies

The Role of Social Media in Sentencing

Specialized legal representation is crucial in navigating the juvenile justice system. At Bauer, Scanlon & Wigginton, attorneys understand the nuances of juvenile law and work tirelessly to ensure that the rights and interests of young clients are protected. They play a pivotal role in negotiating with prosecutors and judges, advocating for rehabilitation over harsher punitive measures, and ensuring that the youth’s voice is heard and considered in all proceedings.

Despite its intentions, the juvenile justice system in Pennsylvania is not without its challenges. Debates over the appropriate age threshold for juvenile court jurisdiction, particularly in cases of serious offenses, continue to stir controversy. These discussions highlight the delicate balance the system must maintain between protecting public safety and offering young offenders a chance at redemption. Give us a call for a free consultation.

Social Media Monitoring

DUI in Pennsylvania: What You Need to Know About Laws, Penalties, and Defense

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

In Pennsylvania, driving under the influence (DUI) is a serious offense with significant legal ramifications. Our DUI defense lawyers in Media, PA, Bauer Scanlon & Wigginton, specialize in criminal defense law, offering expert guidance and representation to those facing DUI charges. Understanding the complex web of DUI laws, potential penalties, and available defenses is crucial for anyone navigating this challenging legal landscape.

Understanding DUI Laws in Pennsylvania

Pennsylvania’s approach to DUI is characterized by its Blood Alcohol Content (BAC) tier system. The law distinguishes between three levels of impairment based on BAC: General Impairment (0.08% to 0.099%), High BAC (0.10% to 0.159%), and Highest BAC (0.16% or higher). These levels dictate the severity of the penalties imposed upon conviction.

For minors, commercial drivers, and school bus drivers, the state enforces stricter BAC limits, reflecting a zero-tolerance policy in these sensitive cases. Additionally, Pennsylvania law also considers drug-impaired driving under its DUI statutes, expanding the scope beyond alcohol to encompass a variety of controlled substances.

Penalties for DUI Offenses

Penalties for DUI convictions in Pennsylvania are tiered according to the BAC level and the number of prior offenses. Even first-time offenders can face severe consequences, including but not limited to probation, fines, and mandatory participation in alcohol highway safety school. Repeat offenders, or those with higher BAC levels, face increasingly severe penalties, including jail time and extended license suspensions.

The state also mandates the installation of an Ignition Interlock Device (IID) for certain DUI offenders, a measure aimed at preventing future incidents of impaired driving. These penalties are not just punitive but are designed to serve as deterrents and rehabilitative measures.

Navigating DUI Defense Strategies

When facing DUI charges, an effective defense strategy is crucial. At Bauer Scanlon & Wigginton, we explore various avenues to defend our clients. These include challenging the legality of the initial traffic stop, the accuracy and methodology of BAC testing, and any procedural errors during the arrest or processing phases.

It’s important to note that not all DUI charges lead to convictions. In some cases, charges may be reduced or dismissed altogether, depending on the circumstances and the strength of the defense. Factors such as a clean driving record, inaccuracies in BAC testing, or violations of constitutional rights can significantly influence the outcome of a case.

DUI in Pennsylvania: What You Need to Know About Laws, Penalties, and Defense

The Critical Role of Experienced Legal Representation

Conclusion

The complexity of DUI cases in Pennsylvania makes experienced legal representation indispensable. A skilled attorney can navigate the nuances of the law, negotiate with prosecutors, and present a compelling defense. At Bauer Scanlon & Wigginton, our team’s deep understanding of DUI laws and our commitment to our clients’ rights positions us as a formidable ally in the courtroom.

Our approach is comprehensive, beginning with a thorough analysis of the arrest details, followed by a strategic planning of the defense. We keep our clients informed at every step, ensuring they understand their rights and the legal proceedings.

DUI charges in Pennsylvania carry serious implications, but with attorneys who specialize in DUI criminal defense, individuals facing these charges can navigate the process more effectively. At Bauer Scanlon & Wigginton, we are committed to providing our clients with the highest level of legal expertise and representation in DUI cases.

For those facing DUI charges, or for anyone seeking more information about Pennsylvania’s DUI laws and defenses, we encourage you to contact the DUI lawyers at Bauer, Scanlon & Wigginton. The team is ready to provide the guidance and representation needed to ensure the best possible outcome in your case.

Potential Consequences of Losing my CDL License in Pennsylvania

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

Losing a Commercial Driver’s License (CDL) can have significant consequences, especially for those who rely on commercial driving as their primary source of income. In this article, we’ll explore the potential impacts, including financial consequences, of losing a CDL and why it may be beneficial to seek a Pennsylvania Department of Transportation (PennDOT) driver license hearing in such situations. Call the Media, PA criminal defense firm of Bauer, Scanlon & Wigginton for a free consultation.

Financial Consequences of Losing a CDL

Loss of Employment: The most immediate and obvious consequence of losing a CDL is the loss of employment. For many, holding a CDL is not just a job requirement; it’s the foundation of their career. Losing it means losing their current job and the difficulty in finding new employment in the same field.

Decreased Earning Potential: With the loss of a CDL, drivers are often forced to look for alternative employment, usually in fields that do not require a CDL. These alternatives often come with significantly lower wages, affecting their long-term financial stability and earning potential.

Costs Associated with Regaining the License: The process of regaining a CDL can be both time-consuming and expensive. It may involve legal fees, fines, and the costs associated with retraining or retaking driving tests.

Increased Insurance Premiums: Even if a driver manages to regain their CDL, their driving record may be tarnished, leading to higher insurance premiums. This is an additional ongoing cost that can have a significant financial impact.

Impact on Future Employment Opportunities: A history of losing a CDL can be a red flag for future employers in the transportation industry, potentially limiting future job opportunities and career advancement.

Non-Financial Consequences

Reputation Damage: Professional reputation is crucial in the transportation industry. Losing a CDL can tarnish a driver’s reputation, making it difficult to regain trust in the industry.

Stress and Emotional Impact: The loss of a CDL can lead to significant stress and emotional distress, given its impact on a person’s ability to earn a living and support themselves or their family.

Impact on Professional Relationships: Relationships with previous employers, unions, and colleagues can be strained or damaged following the loss of a CDL, impacting networking opportunities and future career prospects.

Why Seek a PennDOT Driver License Hearing?

Opportunity to Retain the License: A PennDOT driver license hearing provides an opportunity for the driver to present their case and potentially retain their CDL. This is especially important in cases where the license may have been suspended or revoked due to misunderstandings or minor infractions.

Chance to Present Evidence and Testimony: The hearing allows the driver to present evidence and testimony that may not have been considered previously. This can include evidence of a clean driving record, character references, or evidence that mitigates the severity of the offense.

Legal Representation and Advice: During the hearing, drivers have the opportunity to be represented by legal counsel. This can be crucial in navigating the legal complexities and in presenting a strong case for retaining the license.

Potential for Reduced Penalties: Even if the license is suspended or revoked, the hearing may result in reduced penalties or a shorter suspension period, based on the evidence and arguments presented.

Understanding the Legal Process: Participating in a hearing provides valuable insight into the legal process surrounding CDL regulations. This knowledge can be beneficial for future compliance and in avoiding similar situations.

Demonstrating Responsibility and Commitment: Attending a hearing and actively participating in the process demonstrates a commitment to the profession and a sense of responsibility, which can be favorable in the eyes of both the legal system and future employers.

Consequences of Losing my CDL License in Pennsylvania

Conclusion

The loss of a CDL can have far-reaching consequences, impacting a driver’s financial stability, professional reputation, and career prospects. Call Bauer, Scanlon & Wigginton to discuss seeking a PennDOT driver license hearing that could offer a critical opportunity to challenge the loss of the license, present mitigating evidence, and potentially minimize the impact of the suspension or revocation. For commercial drivers in Pennsylvania, understanding the importance of these hearings and being prepared to defend their license is essential for safeguarding their career and livelihood. Give us a call for a free consultation.

DUIs in Delaware County on New Year’s Eve

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

Delaware County, PA, has vibrant nightlife and thriving social scene and offers plenty of opportunities for people to celebrate bringing in the new year. While enjoying a few drinks with friends is a common way to celebrate on New Year’s Eve, it’s essential to understand the potentially life-altering consequences of drinking and driving. Have a plan on how to get home safely using a ride share service or a designated driver.

Delaware County is home to numerous bars, clubs, and New Year’s Eve parties that draw in locals and visitors alike. While the intention is to have fun celebrating, it’s essential to remember that drinking alcohol impairs judgment, coordination, and reaction time. Unfortunately, when individuals overindulge and then get behind the wheel, it can lead to serious consequences.

The Consequences of Drinking and Driving

Legal Consequences:

One of the most immediate and severe consequences of drinking and driving in Delaware County is facing legal charges. Law enforcement takes DUI (Driving Under the Influence) offenses very seriously, and penalties can be harsh. These consequences may include a $5000 fine, license suspension, mandatory alcohol education programs, probation, or even 2 years of imprisonment.

For example, consider a scenario where someone leaves a popular Media, PA bar after a night of heavy drinking. If they’re pulled over and found to have a blood alcohol content (BAC) above the legal limit of 0.08%, they could face DUI charges. In such a case, it’s crucial to have a DUI defense lawyer to navigate the legal complexities and potentially mitigate the penalties.

Financial Consequences:

The financial toll of a DUI conviction can be substantial. Legal fees, court costs, increased insurance premiums, and potential job loss can lead to significant financial strain. It’s not uncommon for individuals to face thousands of dollars in expenses after a DUI arrest.

Imagine someone attending a house party and choosing to drive home while intoxicated. If they end up with a DUI conviction, they may struggle to cover the financial burdens associated with their legal case and increased insurance rates.

Personal and Professional Repercussions:

A DUI conviction can have lasting personal and professional repercussions. It can tarnish one’s reputation, strain relationships, and limit future career opportunities. Employers often conduct background checks, and a criminal record can negatively impact job prospects.

Picture a recent college graduate attending a party, celebrating their newfound freedom. A DUI conviction could hinder their ability to secure a job in their desired field, impacting their professional trajectory.

Safety Concerns:

The most critical consequence of drinking and driving is the risk it poses to public safety. Impaired driving can lead to accidents that result in injuries or fatalities. Innocent lives are put in jeopardy when individuals make the dangerous decision to get behind the wheel while intoxicated.

Let’s consider a scenario where a group of friends leaves a popular bar in Delaware County, with one person choosing to drive despite being intoxicated. If they cause an accident due to impaired driving, the consequences could be devastating for all parties involved.

The Role of DUI Defense Lawyers

In the face of these dire consequences, individuals charged with Driving Under the Influence (DUI) in Delaware County need skilled legal representation. DUI defense lawyers play a pivotal role in protecting their clients’ rights and interests. Here’s how Bauer Scanlon & Wigginton can help:

Legal Expertise:

Our experienced lawyers understand the intricacies of DUI laws in Delaware County and can use their expertise to build a strong defense. They will scrutinize the evidence, challenge improper procedures, and explore potential mitigating factors.

Strategic Advocacy:

Bauer Scanlon & Wigginton will work tirelessly to negotiate with prosecutors and seek reduced charges or penalties. If a trial is necessary, our attorneys will advocate vigorously on your behalf, ensuring you receive a fair legal process.

Support and Guidance:

Facing DUI charges can be emotionally and mentally taxing. Our lawyers provide compassionate support and guidance throughout the legal process, helping clients navigate the challenges ahead.

DUIs in Delaware County on New Year’s Eve : The Consequences and the Importance of Retaining an Experienced DUI Lawyer

Conclusion

New Year’s Eve is the biggest night for DUIs in the United States. The potential consequences of drinking and driving should never be underestimated. The legal, financial, personal, and safety implications are too severe to ignore.

If you find yourself facing DUI charges in Delaware County, turn to Bauer Scanlon & Wigginton for experienced and dedicated legal representation. Our team is committed to safeguarding your future and helping you navigate the complexities of the legal system. Remember, making responsible choices when it comes to alcohol consumption and transportation can prevent these life-altering consequences altogether. If you have been charged with a DUI, give the DUI defense lawyers of Bauer, Scanlon & Wigginton a call for a free consultation.

Search and Seizure: Knowing the Boundaries of the Fourth Amendment

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

In the United States, the Fourth Amendment to the Constitution is a crucial safeguard that protects citizens’ rights to privacy and security. It reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

This fundamental amendment lays the groundwork for the legal framework governing searches and seizures conducted by law enforcement agencies. As a criminal defense law firm, Bauer Scanlon & Wigginton is dedicated to helping clients understand and assert their Fourth Amendment rights. In this article, we will explore the boundaries of the Fourth Amendment, providing an in-depth overview of what constitutes a reasonable search and seizure, the role of warrants, and exceptions to this constitutional protection.

I. Understanding the Fourth Amendment

The Fourth Amendment serves as a critical check on the power of government agencies and law enforcement. It was adopted in response to the British government’s abuse of “writs of assistance” during the colonial era, which allowed British officials to conduct unrestricted searches of colonists’ homes and properties. The framers of the Constitution sought to protect the new nation’s citizens from similar abuses of authority.

A. Reasonable Expectation of Privacy

One of the key principles underlying the Fourth Amendment is the concept of a “reasonable expectation of privacy.” In Katz v. United States (1967), the Supreme Court ruled that individuals have a reasonable expectation of privacy in locations and situations where society would generally recognize such an expectation. This decision expanded the protection of the Fourth Amendment beyond traditional notions of private property and physical boundaries.

For example, a person has a reasonable expectation of privacy in their home, car, or personal belongings. Still, this protection also extends to electronic communications, including phone calls and emails, as long as there is a legitimate expectation of privacy associated with those communications.

B. Probable Cause and Warrants

The Fourth Amendment requires that searches and seizures be conducted based on probable cause and supported by a warrant issued by a neutral and detached magistrate. Probable cause refers to the reasonable belief that a crime has been or is being committed, and it is a crucial standard for obtaining a warrant.

Warrants must specify the place to be searched and the persons or things to be seized. This specificity ensures that law enforcement officers cannot conduct broad, unrestricted searches or seizures but must have a clear target and justification for their actions.

II. Exceptions to the Fourth Amendment

While the Fourth Amendment provides strong protections against unreasonable searches and seizures, there are several exceptions and limitations that law enforcement can rely on in certain situations. These exceptions have been established by the courts to balance the interests of law enforcement with the individual’s right to privacy.

A. Consent

One significant exception to the Fourth Amendment’s warrant requirement is consent. If an individual voluntarily consents to a search or seizure, law enforcement can proceed without a warrant or probable cause. However, it’s essential to understand that consent must be freely given and not the result of coercion or intimidation.

B. Exigent Circumstances

Exigent circumstances refer to situations where law enforcement officers have a legitimate reason to believe that evidence is in immediate danger of being destroyed or that someone’s safety is at risk. In such cases, officers can conduct a search or seizure without a warrant. Courts will evaluate whether the circumstances genuinely warranted bypassing the normal warrant requirement.

C. Plain View Doctrine

The “plain view” doctrine allows law enforcement to seize items that are in plain view during a legal search or seizure, even if those items were not listed in the warrant. However, officers must be lawfully present in the location and have a legitimate reason to be there for the doctrine to apply.

D. Searches Incident to Arrest

Another exception is the “search incident to arrest” rule, which allows officers to search an individual and their immediate surroundings when making a lawful arrest. This search is conducted for officer safety and to prevent the destruction of evidence.

E. Automobile Exception

The automobile exception allows law enforcement officers to search a vehicle without a warrant if they have probable cause to believe that evidence of a crime is inside. This exception recognizes the mobile nature of vehicles and the potential for evidence to be quickly removed or destroyed.

III. Challenging Unlawful Searches and Seizures

If you believe that your Fourth Amendment rights have been violated, it is essential to consult with an experienced criminal defense attorney like those at Bauer Scanlon & Wigginton. They can help you understand your rights and explore potential legal remedies.

A. Suppression of Evidence

One common way to challenge unlawful searches and seizures is by filing a motion to suppress evidence. If the court finds that the search or seizure violated your Fourth Amendment rights, it may exclude any evidence obtained as a result, making it inadmissible in court. This can significantly weaken the prosecution’s case.

B. Civil Rights Lawsuits

In some cases, individuals may also have the option to file civil rights lawsuits against law enforcement officers or agencies responsible for the violation of their Fourth Amendment rights. These lawsuits seek damages for the violation of constitutional rights and can hold law enforcement accountable for their actions.

Conclusion

The Fourth Amendment is a cornerstone of American civil liberties, protecting citizens from unreasonable searches and seizures by law enforcement agencies. Understanding the boundaries of this amendment, the exceptions that exist, and your rights as an individual is crucial for ensuring your privacy and security.

At Bauer Scanlon & Wigginton, we are dedicated to defending our clients’ rights and providing expert legal representation in criminal defense cases. If you believe that your Fourth Amendment rights have been violated or if you need assistance navigating the complexities of the criminal justice system, don’t hesitate to contact us. Your rights matter, and we are here to help you protect them. Give us a call for a free 30 minute consultation at (610) 590-5092 .

The Consequences of Having a Juvenile Record

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

While many people believe that juvenile records are either sealed or expunged, the Coalition for Juvenile Justice warned that this is often not the case. In fact, at its annual conference, experts urged juvenile justice workers to push for reforms that will help ensure that these people are not penalized throughout their lives. Many Pennsylvania criminal defense attorneys have echoed these sentiments as the records are not automatically expunged and are often made publicly available, including via the internet.

How Juvenile Records Are Handled in Pennsylvania

Generally, juvenile records are confidential in Pennsylvania. They are not sealed, but access is limited to certain government agencies without an order of a court. However, if the juvenile has committed a serious felony, has conspired to commit a serious felony or is a repeat offender, then Pennsylvania law requires the record to be made public. The public record includes name, age, address, alleged offenses, substantiated offense and case disposition. If this information is not later sealed or expunged, then it may show up on background checks conducted by agencies, the U.S. military and prospective employees if they request that information through the courts and approval is obtained.

Lifelong Consequences

Most agree that people who have become productive members of society should not be penalized as adults for offenses committed when they were children, but this is often what happens. Juvenile offenders often experience difficulties related to:

Education
Employment
Military enrollment
Licensing
Housing
Adoption and foster parenting

Psychological Impact

Research performed by Human Rights Watch and other organizations reveals that adults who have had their juvenile records sealed or expunged are better able to move on with their lives in terms of their success and psychological health. Those that do not are often stigmatized and experience significant psychological impacts. This is particularly true for cases involving sexual offenses. The HRW found that more than 50% of such offenders experience violence or threats of violence to them or their loved ones as an adult. It also found that nearly 85% of them experience severe psychological harm and that nearly 20% of them attempt suicide later in life.

Local Legal Assistance With Pennsylvania Juvenile Court Records

If you or a loved one has a juvenile record in Pennsylvania and would like to get it expunged, Bauer, Scanlon, & Wigginton L.L.C. may be able to help. Our law firm has a wealth of experience navigating the juvenile justice system and having juvenile records removed. To schedule a consultation with a Pennsylvania criminal defense attorney, call us at (610) 590-5092 or contact us online .

A Juvenile Record Is Not Necessarily Confidential

There is a common misconception that juvenile records are automatically sealed and that they become expunged once the offender is an adult and enough time has passed. This is often not the case, and the specific laws can vary drastically from one state to another. It is not uncommon in states for the decision to be up to discretion of the court, and police and other agencies will often post this information via their online portals if the details are not made immediately confidential. Once that data is available via the internet, it is often impossible to scrub.

In cases involving sexual misconduct, there is also the matter of the Sex Offender Registration and Notification Act. Depending on the offense, this federal law requires juveniles of age 14 and older to register as a sex offender, and this is a stigma that remains with a person forever. While the statute does not require such information about juveniles to be posted online, it often is regardless.

Education

Employment

Military Enrollment

Licensing

Housing

Adoption and Foster Parenting

Expunging or Sealing a Record Costs Time and Money

The Common Application is an online form used by hundreds of universities and colleges in the U.S., and it has specific questions regarding juvenile adjudications. Many schools also perform background checks, and while a juvenile record will not necessarily prevent acceptance, there are a number of factors to consider. Answering these questions on the Common Application truthfully makes an extensive background check much more likely. If one were to lie and the details discovered, rejection is almost certain, and even if a student is accepted, the juvenile offense may affect eligibility for housing and financial aid because students without such histories are going to be prioritized.

Barriers to employment are often the biggest challenges that these individuals face. The police collect a great deal of information that employers can often easily access through online databases. Another issue is that employers may not be able to easily distinguish between a juvenile and adult record. They certainly can if they scrutinize the information but may not do that if considering a high volume of applicants. There are also employers who simply do not care because they view the person who commits a crime as a juvenile the same as a person who does so as an adult.

Another prevalent misconception is that the U.S. military will accept anyone, including those that have been convicted of offenses, but this is also not the case. The military branches are federal agencies that have their own rules and regulations, and those may differ from the state in which the offense was committed. All branches require what is known as moral fitness and may decide that a juvenile offender is not fit for enlistment even though they are now a law-abiding adult. Another factor to consider is that the U.S. government has full access to juvenile records even if they are sealed or expunged.

The Department of Transportation is a government agency that has access to juvenile records even when they are confidential. Depending on the state and the nature of the offense, this can lead to permits being revoked and licenses being suspended. It can also present problems down the line for the adult who has a driving-related juvenile record and wants to acquire a commercial driver’s license.

While a mortgage lender can run a criminal background check and deny you based on that information, it is not common. Lenders care much more about your ability to repay the loan. The Coalition for Juvenile Justice, however, warns that it is a problem when it comes to public housing and particularly in the case of sexual offenses. During the aforementioned CJJ conference, a juvenile justice worker examined a case she had handled in which a 23-year-old male with a girlfriend and newborn child had been denied public housing because he had touched a girl inappropriately as a 13 year old.

Experts also noted that juvenile records can present problems when attempting to adopt or become a foster parent. While most states do not preclude those with juvenile records, social workers have to deal with a large volume of information and often favor applications without such blemishes. A juvenile record can also prevent private adoptions as well as through agencies that perform extensive background checks.

Having a juvenile record sealed or expunged is usually possible. The court will generally agree when a person has moved on with their lives as an adult and shown that they are not a risk to commit further offences. That said, this is still a burden on the individual. It typically requires legal representation. There are legal and court costs incurred, and the process takes time.

Expungement of Delaware County Juvenile Records

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

Juvenile offenses in Pennsylvania result in a permanent juvenile record. In the majority of cases, the record is confidential and only made available to certain parties. Pennsylvania criminal defense attorneys warn that some juvenile records are non-confidential and are publicly available due to the nature of the crime and can have an effect on the individual throughout adulthood.

Criteria for Expungement

Most juvenile records can be expunged in Delaware County and all other Pennsylvania counties, including both confidential and non-confidential records, and when a record is successfully expunged, it applies to both law enforcement and court records. Individuals petitioning the court to expunge a juvenile record must be at least 18 years old. Six months must have passed since the final discharge, and there cannot be any proceedings pending. The individual must have met all conditions of the sentence and not be subsequently convicted of an offense. If there was a subsequent conviction, there may be a five-year waiting period from the final discharge of it, but the district attorney can consent to an earlier expungement.

Certain Sex-Related Offenses Cannot Be Expunged

Pennsylvania law prevents some juvenile offenses from ever being expunged regardless of the circumstances. These exceptions apply to individuals who were at least 14 years old and attempted, solicited, or conspired to commit crimes like rape and aggravated indecent assault.

Expungement of DNA Records

Information like fingerprints and DNA records can be expunged, but this is not usual and is only carried out in extenuating circumstances. The most common example is when the juvenile has been arrested by mistake or the case was dismissed or reversed.

The Effect of Expungement in Pennsylvania

Once a juvenile record is expunged in Pennsylvania, it is erased in the sense that it is no longer publicly available. This means that it will not be available to potential employers through a background check, with the exception of the federal government. It will also not be available to colleges and universities, adoption agencies, or public housing agencies. An expunged record can be reopened at a later time via a court order, but such orders are highly unusual and are issued only in extraordinary circumstances. In all cases of expungement, law enforcement is allowed to keep what state statute defines as “intelligence and investigative information.”

Expungement of Juvenile Records in Delaware County Pennsylvania

What constitutes a juvenile record and how it is handled varies from state to state. In Pennsylvania, there are two types of juvenile records: a law enforcement record and a court record. Both types are confidential unless there are one or more exceptions. If a juvenile record is non-confidential, then the public has full access to it and can even access it via the internet through the Pennsylvania State Police online portal. If the record is confidential, access to the law enforcement record is limited to:

Attorneys for the juvenile
Court personnel
Law enforcement officers
Probation department personnel
Corrections department personnel

The court record is available to the:

Juvenile
Attorneys for any victims
Department of Corrections
Parole Board
Court personnel
Administrative Office of Pennsylvania Courts
Any agency with or supervising custody of the juvenile

Do You Need a Lawyer to Expunge a Juvenile Record?

Obtaining a Juvenile Record

Filing a Petition for Expungement

The Expungement Process Varies Between Counties

District Attorney Consent

Court Hearing

Expunge vs. Seal

You do not need a lawyer to request expungement of a juvenile record and can even access the necessary form via the Unified Judicial System of Pennsylvania website. That said, it is highly recommended that you be represented by a Pennsylvania criminal defense attorney experienced in expungements. The process can be complex. There is a different form to complete depending on the nature of the offenses. The form must be completed thoroughly and accurately, and it may be necessary to have a court hearing during which you will be expected to adhere to the rules of the court.

The first step in having your juvenile record expunged is to obtain your juvenile criminal history, as the information contained within will be required by the Juvenile Court forms that you must submit. These include details such as the docket number for the case, offense tracking number, and case disposition. If this information is missing or erroneous, the court will dismiss the request regardless of the merit. Note that if you are represented, your attorney can acquire this record on your behalf. If you are representing yourself, you can request the information in person or online through the court website. See the Delaware County Juvenile Court & Probation Services as a resource. Hiring an experienced attorney familiar with the local juvenile court system is recommended.

The forms necessary to file a petition for expungement are available online. If you are seeking to expunge summary offenses, use the form contained in Section 490 of the Criminal Procedure Code. If you were convicted of a misdemeanor or felony, use the form found in Section 790. You can mail the completed form to the court or submit it in person to the court clerk.

It is important to note that the expungement process differs from one county to the next. This is because state law defines the criteria and execution of expungement but leaves the implementation up to the individual court systems. Generally, the petition goes to the district attorney for the county. If the DA approves, it is then sent to a judge who has final approval. If the DA does not approve, it is still passed to a judge but requires a hearing for which you must be present.

Once the petition is filed, the DA has 30 days to provide consent. In most counties, if the DA consents within this time period, a judge signs an order, and the petitioner is notified by mail. In making the final decision, the judge will consider the nature of the crime, age at the time of the crime, age now, and the individual’s history since, including education, employment, alcohol and drug use, and criminal activity. Generally, if the DA has consented, a judge will not decide against that consent.

If the DA does not consent, you have the right to go to court and have the expungement reviewed by a judge. While a lawyer is not technically necessary, it is strongly encouraged to have representation so that you navigate this process efficiently and appropriately. While case law holds that a judge cannot grant an expungement without the district attorney’s consent, the hearing is an opportunity to earn that consent.

In a broad legal sense, sealing a record means restricting it to limited access, and expunging a record means removing the record entirely. However, the application of these concepts varies from state to state. In Pennsylvania, most juvenile records are automatically sealed. In cases where the juvenile record is not confidential by default, the court can expunge it or effectively seal it. Note that Pennsylvania statute explicitly states that expunge and destroy do not have the same meaning and that the record is not erased.

Juvenile Records

If you have a juvenile criminal record and would like to have it expunged, Bauer, Scanlon, & Wigginton is here to help. Our law firm has extensive experience navigating the juvenile law system in Pennsylvania and assisting clients in expunging their criminal records. To meet with a Pennsylvania criminal defense attorney to discuss your situation, call our Media office at (610) 590-5092 , or contact us online .

Legal Assistance With Juvenile Record Expungement

Important Details About Your Driver’s License Administrative Hearing

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

Pennsylvania criminal defense attorneys note that there are nearly 400,000 active driver’s license suspensions a year. More than 90% of these suspensions are for a non-driving-related offense, such as failure to appear in court or failure to pay child support. The vast majority of these suspensions are temporary and range from 155 to 230 days. Call our office to schedule a free 30 minute consultation about the process of getting your driver’s license back through a driver’s license administration hearing.

Acknowledgement of Suspension

Before you request an administrative hearing, you must officially recognize your suspension or revocation. There is an official form through which you do this. You do not receive credit either until the acknowledgement. Unlike in some states, credit in Pennsylvania does not begin to accrue because you:

Stopped driving
Surrendered your license to another state
Had your license seized by out-of-state police

How to Request an Administrative Hearing

To request an administrative hearing through PennDOT, you must do so in writing and send it to the Pennsylvania Secretary of Transportation via U.S. Mail. If you choose to be represented by an attorney, your attorney will prepare and file this request for you. There are seven items that you must include. If they are not included, the request will be rejected. These items include:

Petitioner’s name
Signature of petitioner or petitioner’s counsel
Driver’s license number
Date of birth
Phone number
Current mailing address
$100 non-refundable filing fee as a money order or check

Response to Your Request

You will receive a response within 30 days of your request being received. If the request was rejected, the reasons will be included. The filing fee is not returned. If the request is accepted, you will be provided a date, time and location for your hearing. Note that if you have a strong argument that you have prepared properly, PennDOT may grant the petition without a hearing. This is another reason lawyers who specialize in license restoration highly recommend representation.

PennDOT strives to schedule administrative hearings within 30 days of the request being approved. It does not guarantee this time frame, however. In fact, at the time of writing, administrative hearing volume was high, and scheduling was running longer than 30 days.

What Is a Driver’s License Administrative Hearing?

There are three primary ways through which PennDOT denies driving privileges:

Suspension
Revocation
Disqualification

Driver’s license suspensions in Pennsylvania are inherently temporary. You must wait the allotted time and meet any other conditions made by the court. A revocation, on the other hand, voids your license to drive. Revocations are rarely permanent, but upon conclusion of the revocation period, you must begin the driver’s license process from the beginning. This is true even if PennDOT shortens your revocation period.

Disqualification is similar to suspension but applies to driving privileges for commercial motor vehicles. The suspension ranges from 60 days to as long as a lifetime. A driver with a suspended CDL can still operate a non-commercial vehicle with a valid driver’s license. A person who has their non-commercial driver’s license suspended or revoked cannot operate a CMV.

Administrative Hearing Location

Administrative Hearing Format

Tips to Navigate the Hearing

Final Order

Right to Appeal

Assistance With Your Administrative Hearing

PennDOT holds all driver’s license administrative hearings at the Administrative Hearings Office in Harrisburg without exception. The AHO does not conduct hearings in absentia. Even if you have representation, you must be present alongside your attorney.

An administrative hearing is not as formal as a court hearing. There are not many rules to be aware of and adhere to. A hearing officer will oversee the process and direct you as needed. A Bureau of Driver Licensing representative or counsel will be present. You or your lawyer will present evidence. The BDL representative will present evidence and may ask you questions under oath. The hearing will conclude without the hearing officer providing you a final decision.

Attorneys familiar with these hearings recommend:

Seeking counsel beforehand
Gathering and organizing all evidence
Following the direction of the hearing officer
Not describing personal hardships and the like

While the hearing officer will direct you through the process, the officer will not assist you in making your case. Your ability to do this in a concise and compelling manner will be key to your success. The officer cannot consider personal hardships. If you bog your time down in this way, your likelihood of success is much less likely and you may have less time in which to make your case.

Following the hearing, the hearing officer will issue a proposed report. The driver and BDL both have 30 days from the issuance of that report to file any exceptions. If there are no exceptions, the proposed report becomes a final order. If there are exceptions, the hearing officer will consider them and perhaps revise the proposed report or make it a final order.

If the final order denies your request, you have the right to appeal within 30 days. Any submitted appeal must include the following items to be considered:

Clear and concise explanation of the claim with facts
Specific list of the legal issues and the remedy desired
Copy of all documents related to the rejection
Address to serve any documents or pleadings
Daytime telephone number for the petitioner

If you have had your driver’s license suspended or revoked or have been disqualified, Bauer, Scanlon & Wigginton would like to help. Our law firm has extensive experience navigating this process and helping clients get their driving privileges restored. While representation isn’t required for an administrative hearing, it is highly recommended. To have your case reviewed by a Pennsylvania criminal defense attorney, call our office at (610) 590-5092 , or contact us online .

Denial of Driving Privileges

A driver’s license administrative hearing is a process offered by the Pennsylvania Department of Transportation through which people can get their driving privileges restored. The information provided here is specific to PennDOT. While all states have a similar process in place, the procedures vary. The infrastructure differs as well. While the term “DMV” is used here at times, everything is handled by PennDOT, and it has Driver and Photo License Centers as opposed to the Department of Motor Vehicles offices found in many other states.

There are six core reasons PennDOT will hold an administrative hearing:

Review a driving record for the purposes of updating it
Appeal the denial or cancellation of a Probationary License
Request credit toward use of an ignition interlock device
Request credit toward a suspension, revocation or disqualification
Appeal the denial or cancellation of an Occupational Limited License
Appeal the denial or cancellation of an Ignition Interlock Limited license

These reasons do not provide a guarantee that PennDOT will grant your hearing. Depending on the context of the case, it often does reject requests where the purpose is to:

Make a correction to the driving record
Dispute an ignition interlock requirement
Reduce the period of a revocation or suspension
Determine validity of a suspension or revocation

Pennsylvania Parole Hearings, Violations and Revocations

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

In Pennsylvania, there are approximately 100,000 people under parole each year according to the National Institute of Corrections. Many Pennsylvania criminal defense attorneys note that this number has continued to rise in recent years. Some studies project that the count may reach 125,000 or more by the end of the decade.

Parole in Pennsylvania

Parole is defined in and governed by Pennsylvania statutes. The definition does not deviate notably from the general understanding as discussed earlier. How parole is handled is dictated by a Memorandum of Understanding in 2017 between the Pennsylvania Department of Corrections and the Pennsylvania Parole Board. The MOU governs the following:

Authority
Records
Requirements
Conditions
Violations
Revocation
Placement
Supervision
Reentry
Return

The MOU combined any overlapping agencies and resources between the DOC and the Board. It also created a centralized chain of command. The Board has authority over any sentences with a term of two or more years. Parolees with sentences less than two years are supervised by the respective county. County procedures mirror those of the Board for the most part, but there may be some minor differences.

Accelerated Rehabilitative Disposition

The ARD program is unique to Pennsylvania and approved by the Supreme Court of the state. This is a special type of probation overseen by this organization. It is generally reserved for first-time offenders and allows the state to save a great deal of time and money on people who are unlikely to be repeat offenders.

Conditions of Supervision

People placed under supervision of the Adult Probation Office must follow the prescribed rules of conduct. These rules include the Conditions of Supervision, which apply to all parolees. They also include any Special Conditions. Those are conditions placed on the person by the court as part of their sentence or suspended sentence. A violation is any act that defies these rules. All criminal arrests and offenses are violations, but violations are not limited to criminal acts. The Conditions of Supervision include:

No travel outside the state
No possession of a firearm or ammunition
Immediate notification of any address change
No alcohol consumption
Random alcohol and drug testing at the parole officer’s discretion
Payment of restitution, fines and supervision fees

Parole Is Not a Federal Right

It is important to understand that parole varies from state to state when defining it. In general, parole is conditional freedom, and there are different types:

Probation
Mandatory parole
Discretionary parole

Probation is a type of parole ordered by a judge in lieu of prison time. The judge will also give the person a suspended sentence. If a person does not meet the conditions of the parole, the suspended sentence becomes active. The person may then be eligible later for parole.

When many people think about parole, they picture what is known as discretionary parole. This is when a prison releases an inmate early, and the person completes the sentence under supervision. Mandatory parole is also referred to as post-incarceration supervision. This occurs after an inmate has completed their sentence. The purpose here is to ensure that the person is reintegrating into society in a successful manner and not posing a threat to others.

Response to Violations

The Revocation Process

Gagnon I

Gagnon II

Probation or Immediate Punishment

Revocation of Parole

Local Representation in Pennsylvania

There are two core types of violators:

Technical parole violator
Convicted parole violator

A TPV is a parolee that makes a technical violation. Examples include breaking curfew or not reporting when instructed. These are not crimes, but they are breaches of the parole agreement. A CPV is a parolee who commits a crime that is punishable by imprisonment. Lesser crimes fall under technical violations. A parole officer has the discretion to take no action against a TPV. A common example is a TPV who misses an appointment but is otherwise a good citizen.

Responses to violations vary depending on the seriousness of the violation, the willingness of the parolee to comply and the likelihood of future violations. The punishment can include:

Revocation
Imprisonment
Additional sanctions
Mandatory program participation

The revocation process is the ultimate response to any parole violation. It will result in the person resuming their sentence in prison or beginning a sentence that had been suspended. Revocation does not mean that the person can never be paroled again. Having one’s parole revoked requires two hearings:

Gagnon I
Gagnon II

Parole Violation Hearings are called Gagnon hearings in reference to the 1973 U.S. Supreme Court decision in Gagnon vs. Scarpelli. The Court upheld in that case that probationers and parolees have the right to a hearing.

Gagnon I is a preliminary hearing. The purpose of this hearing is to determine if there is probable cause that the parolee committed the violation. This hearing may be heard before the sentencing judge. In most cases, however, it is heard by another party:

APO Chief
APO Assistant Chief
APO Supervisor

The Gagnon II hearing only occurs if probable cause was found during the preliminary hearing. This hearing is presided over by a judge, who in many cases is the original sentencing judge. If the parolee is found guilty, the judge may revoke the parole. What happens next depends on the original sentencing and any new sentencing if applicable.

Revocation is not the only outcome of a Gagnon II hearing. A judge may also choose to:

Continue the parole on its existing terms
Modify it
Extend it
Dismiss it

If the parole is revoked, time on parole is not counted as time served. This is an important aspect of parole law in Pennsylvania. As an example, consider a citizen who was sentenced to 12 months in jail, served three months and was then paroled. This person was on parole for six months before having the parole revoked. They only get credit for three months and thus must serve an additional nine months.

If you or a loved one has a parole issue in Pennsylvania, the law firm of Bauer, Scanlon & Wigginton is here to help. BSW has many years of experience navigating the parole system and other aspects of Pennsylvania criminal law. We offer initial consultations during which a Pennsylvania criminal defense attorney will consider your case and discuss it with you. To schedule that consultation, call (610) 590-5092 or contact us online .

What Is Parole?

The Supreme Court of the United States held in a 1908 decision that there is no constitutional right to parole. In fact, the federal government abolished the concept of parole in the federal prison system in 1987. There are also no federal laws that govern state parole. A state may choose not to have parole. If a state chooses to have parole, as Pennsylvania does, it has sole discretion over defining its terms and its procedures through appropriate legislation.

Navigating Mental Health Challenges in Criminal Defense: Advocating for Clients’ Rights

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

In the intricate landscape of criminal law, the convergence with mental health issues constitutes a compelling and often neglected dimension. At Bauer Scanlon & Wigginton, we are acutely aware of the profound influence that mental health can exert on criminal cases. Our commitment extends beyond traditional legal representation; we are dedicated to safeguarding the rights of individuals grappling with mental health challenges ensnared in the criminal justice system.

Collaborating with Mental Health Professionals

Depending on the complexities of your case, our defense strategy can involve collaboration with mental health professionals, including psychiatrists, psychologists, and social workers. These experts can play a pivotal role in conducting comprehensive assessments and evaluations, unraveling the intricate tapestry of our clients’ mental health profiles.

Through rigorous examination and analysis, we aim to present a nuanced portrait of our clients’ circumstances, one that transcends simplistic narratives of culpability and punishment. By leveraging expert testimony and empirical evidence, we can advocate for a more enlightened understanding of mental health within the courtroom, one that acknowledges the interplay between psychological factors and criminal behavior.

Advocating for Alternative Sentencing

In advocating for clients with mental health concerns, we prioritize rehabilitation and reintegration over punitive measures. Traditional incarceration often exacerbates underlying mental health issues, perpetuating a cycle of recidivism and suffering. Recognizing this inherent injustice, we champion alternative sentencing options that address the root causes of our clients’ behavior while fostering personal growth and healing.

Diversion programs, mental health courts, and community-based treatment initiatives represent viable alternatives to incarceration, offering tailored interventions that support individuals in their journey toward recovery and redemption. By advocating for these alternatives, we not only safeguard our clients’ well-being but also promote a more humane and effective approach to criminal justice.

Protecting Privacy and Confidentiality

Confidentiality constitutes a cornerstone of our legal practice, particularly concerning our clients’ mental health records. We recognize the sensitive nature of these documents and the potential for exploitation or misuse within the legal arena. As staunch guardians of privacy rights, we take every precaution to safeguard our clients’ confidential information, ensuring that it is not weaponized against them in court.

By upholding the sanctity of attorney-client privilege and adhering to the highest ethical standards, we instill confidence and trust in our clients, fostering a collaborative partnership grounded in mutual respect and integrity.

Understanding the Complexity

Stigma constitutes a formidable barrier to justice for individuals with mental health concerns entangled in the criminal justice system. Prejudices and misconceptions permeate law enforcement, prosecutorial decisions, judicial proceedings, and public perception, often resulting in systemic discrimination and inequitable outcomes.

As staunch advocates for our clients, we confront these biases head-on. Through education, advocacy, and strategic litigation, we endeavor to dismantle stereotypes and foster a more compassionate and informed approach to mental health within the legal sphere. Our goal is not merely to defend our clients but to challenge societal attitudes that perpetuate stigma and discrimination.

Conclusion: Toward a More Just and Compassionate Future

Gagnon I

Revocation of Parole

In navigating the intersection of mental health and criminal law, Bauer Scanlon & Wigginton remains steadfast in our commitment to justice, compassion, and advocacy. We believe that every individual, regardless of their mental health status, deserves fair and equitable treatment under the law.

By challenging stigma, collaborating with mental health professionals, advocating for alternative sentencing, and safeguarding privacy rights, we strive to effectuate meaningful change within the criminal justice system. Our mission is not merely to defend our clients but to elevate their voices, amplify their stories, and advocate for systemic reform.

If you or a loved one is grappling with mental health concerns within the criminal justice system, we stand ready to provide compassionate and effective legal representation. Together, let us chart a course toward a more just and compassionate future, one where mental health is not a barrier to justice but a catalyst for transformation and healing. Give us a call at 610-590-5092 to schedule a free consultation.

Challenging Stigma and Misconceptions

Mental health disorders intricately intertwine with criminal cases, impacting behavior, cognition, and decision-making processes. Yet, these disorders frequently languish on the periphery of legal discourse, mired in stigma and misunderstanding. Individuals grappling with mental health concerns often find themselves unjustly vilified or dismissed within the criminal justice system.

Recognizing this discrepancy, our firm endeavors to bridge the gap between mental health advocacy and criminal defense. We champion a holistic approach that acknowledges the multifaceted nature of mental illness and its ramifications on legal proceedings. By shedding light on these complexities, we seek to rectify misconceptions and advocate for equitable treatment under the law.

Who Can Possess Firearms in Pennsylvania?

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

According to some Pennsylvania criminal defense attorneys, Pennsylvania is among the easiest states in which to own a firearm. A background check is generally required, but you do not need a license to purchase, own or open carry. Pennsylvania gun laws instead focus on restricting the classes of people who can legally possess a firearm.

Location Limitations

Pennsylvania is an open carry state, and thus, you can carry a firearm in an open fashion without a permit. Concealed carry requires a permit. This is the same permit required to have a firearm in a vehicle. You are generally allowed to carry on public property and private property open to the public. People are, however, prohibited from carrying on school grounds. Even if a business has “no weapons” signage, you are legally allowed to enter while carrying. The exception here is venues serving alcohol. In addition, if you are asked to leave the premises and refuse, you are immediately in violation of Pennsylvania law.

Expansion of Possession Limitations

Pennsylvania laws concerning firearms also greatly expands the limitations for firearms possession. Any offense related to organized crime makes firearm possession illegal. This is also true in cases involving voluntary or involuntary manslaughter, impersonating a law enforcement officer, or paramilitary training. There are many other criminal convictions that eliminate your right to possess firearms as well. There are far too many to list them all, but some of the notable ones are:

Rape
Arson
Murder
Burglary
Kidnapping
Luring a child into a motor vehicle

Restriction of Certain Individuals

Pennsylvania law also explicitly removes the right to possess firearms from certain individuals. This includes delinquents. Minors are not allowed to possess firearms at all. If a delinquent is charged with a firearm offense or certain other offenses, the law allows a judge to strip their gun rights as an adult for 15 years or up to age 30. Citizens can also not possess firearms if they are:

An illegal alien
A fugitive of justice
Adjudicated as mentally incompetent

Baseline National Standard

Pennsylvania law makes it illegal to possess an “offensive weapon.” This is a category of firearms that includes:

Stun guns
Machine guns
Sawed-off shotguns
Firearms with a silencer

Federal law makes it illegal to possess weapons of mass destruction. Pennsylvania law also makes it illegal to possess facsimile weapons of mass destruction.

Driving Under the Influence

Application for Restoral of Rights

Federal Law

Access to Firearms

Background Checks in Pennsylvania

Local Representation in Pennsylvania

Pennsylvania has a specific law regarding DUIs even if a gun was not involved. A person charged with DUI three or more separate times in a five-year period loses the right to purchase firearms. That person can still possess a firearm, such as one purchased prior to the third DUI offense.

If a person is prohibited from possessing a firearm due to a criminal conviction, state law allows them to petition for relief. This is done through the court system of the county where the person’s primary residence is located. The law requires the court to grant relief if 10 years have passed since the most recent conviction, and you can petition the court earlier than the 10-year period. In either case, it is generally recommended that you seek representation from a Pennsylvania criminal defense attorney. The process can be long and complex, and an experienced lawyer can in many cases significantly simplify and expediate it. The main condition of early relief is whether the court reviews the person as a threat to other people or to themselves.

Another reason to seek representation of an attorney is federal law. If you lose your right to possess firearms in Pennsylvania, you lose your rights at the federal level as well. The federal government does not automatically restore your rights when the state does. The federal requirement is that you have had all civil rights restored and not just your right to possess firearms. Even in this case, the restoration is not automatic. The issue here is that Congress has blocked the Bureau of Alcohol, Tobacco & Firearms from spending money on gun right reviews since 1992. Therefore, gun right restoration at the federal level is uncommon. Your lawyer will help you understand the implications of this.

When acquiring firearms in Pennsylvania, there is no:

Waiting period
Training requirement
License or permit requirement

Background checks are required for all sales through licensed dealers. Private sales of long guns do not require a background check. Long gun is a category that includes:

Rifles
Shotguns
Semi-automatic rifles

You must be at least 18 years old to purchase a long gun. You must be at least 21 years old to purchase a handgun. There are virtually no limitations on the sale of ammunition.

The Firearms Division of the Pennsylvania State Police oversees all aspects of firearm acquisition and possession, including licensing and transfers. It manages the Pennsylvania Instant Check System (PICS). PICS provides instant access to background records. It is not fully automated. A background check request goes to an Instant Check Unit. That unit is responsible for:

Broad documentation
Ensuring that the ID is accurate and valid
Research of federal, state and local records
Assessment of the researched information

The dealer will receive an approval or denial through the system. It usually takes just minutes and often seconds. If approved, you can purchase as many guns as you like during that shopping session.

If you were denied or received an ‘undetermined’ response, you may submit a challenge form online through the PICS system. You must submit the challenge within 30 days. You are also not allowed to submit a proactive challenge. If you make a mistake on the form, it will still be processed, but you can greatly extend the time it takes. If you don’t do everything correctly, the Pennsylvania State Police (PSP) will respond to you within five business days. If the denial is upheld or the undetermined status transitioned to a denial, the PSP will provide you all documentation supporting that decision.

Bauer, Scanlon & Wigginton is a law firm with extensive experience navigating Pennsylvania gun laws. If you have any concerns about your rights or are facing gun charges, we recommend having your case reviewed by one of our Pennsylvania criminal defense attorneys. To schedule that meeting at our Media office, call (610) 590-5092 , or contact us online .

Offensive Weapons

The federal government has enacted laws that set forth baseline rules regarding a citizen’s right to acquire and possess firearms. Note that these laws merely set a floor to which all states must adhere. Most states, including Pennsylvania, expand on these restrictions through their own laws. Some advocates argue that the federal law has gaps in it that allow people to possess guns who have demonstrated a significant risk of violence or self-harm. Under federal law, you are generally prohibited from purchasing or possessing a gun if you have:

Committed a felony
Committed certain domestic violence (DV) misdemeanors
Have certain court orders related to DV
Have certain court orders related to a serious mental condition

What Happens When a Pilot Is Charged With DUI?

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

The Pennsylvania Department of Transportation reports approximately 50,000 driving under the influence arrests per year but notes that enforcement efforts have continued to trend this number down over the past decade. When a pilot is involved with a DUI charge in Pennsylvania, they should consult with a Pennsylvania criminal defense attorney as soon as possible. This is because they have 60 days from the incident to report it to the Federal Aviation Administration.

Medical Recertification Due to a DUI

Under normal circumstances, medical certification is good for a set period of time. This period ranges from 12 to 60 months depending on the pilot’s age and level of certification. When you’re involved in a DUI incident, the FAA may require you to recertify immediately. You have to go through the entire physical and mental examination process but with an additional focus on substance abuse. Substance abuse or dependence is an automatic disqualification. Other automatic disqualifications include:

Epilepsy
Cardiovascular diseases
COPD and other respiratory issues
Chronic use of certain medications
Mental health conditions that impair judgment

This means that the FAA-approved doctor can deny a pilot certification for reasons other than the DUI. Even if the pilot is later proved to be innocent, that would have no bearing on the medical certification.

Reporting a DUI Incident

Licensed pilots must report any involvement in a DUI to the FAA within 60 days of the incident. This includes an arrest, charges or any other involvement. If you’re a passenger in a vehicle and the driver is arrested or charged for a DUI, you need to report it even though you were sober. The FAA requires you to submit certain documentation.

It is a good idea to seek representation from a Pennsylvania criminal defense attorney who is familiar with FAA guidelines. Note that failure to report or failure to comply within the context of said guidelines could result in the termination of your pilot’s license. If you comply appropriately and within the required time frame, the FAA will not revoke your pilot’s license directly. It will, however, determine whether you need to go for medical recertification, and if it does, you could lose your license through that process.

DUI Laws in Pennsylvania

General impairment in Pennsylvania is considered a blood alcohol content (BAC) between .08 and .099. High BAC is between .10 and .159. The Highest BAC is .16 and up. The state has a special rule for commercial drivers through which it can hold them to a higher BAC standard if someone is injured. The court may be able to apply this to a person who is a commercial pilot. It is also important to note that while you can refuse a BAC test, the FAA can hold this against you in its decision-making process.

If convicted, penalties for a first offense include:

$300 fine
Ungraded misdemeanor
Probation for up to six months
Alcohol highway safety school
Treatment if ordered by judge

With prior offenses, the fine jumps to as high as $5,000. PennDOT will suspend your driver’s license for 12 months. When it restores the license, it will require 12 months of an ignition interlock system. These penalties make it much more likely that a FAA-approved examiner will deny your certification or defer to the FAA. Note that if you had High BAC or Highest BAC, you will incur these penalties even if you’ve never been charged with a DUI before.

Pilot Licensing and Certification in the U.S.

FARs requires that a pilot be medically and physically fit to withstand the rigors of flying. This is achieved through medical certification of which there are three grades:

First class
Second class
Third class

A third-class certificate is the most basic certification. The FAA requires it for piloting aircraft for personal and recreational purposes. A second-class certificate is necessary if you are employed as a commercial pilot or work freelance. First-class certification is the most demanding. It’s necessary for airline transport pilots that operate cargo planes or passenger planes with more than nine seats.

Adding a DUI Conviction to Your Medical Application

Second Conviction

Getting a Pilot’s License After a DUI

Legal Representation for DUIs in Pennsylvania

If you are convicted of a DUI in Pennsylvania, you then have 60 days to report it to the main FAA office in Pennsylvania. Generally, the FAA will take no further action against you. Note, however, that a non-reporting violation can result in a suspension or even revocation of your pilot’s license. The reason you have to report is so that the FAA can add the conviction as a permanent item to your medical application. This is now an item that FAA-approved medical examiners will consider during all subsequent medical recertifications. Note that if you are arrested, charged or involved but it never results in a conviction, the FAA will not add this to your permanent record.

If you have a second DUI conviction within a three-year period, the FAA has additional rights. It can suspend your license or even revoke it outright. In either case, the FAA will determine a period of time in which you cannot fly. When a suspension ends, the FAA will restore your license automatically. When a revocation period ends, you’ll have to reapply for your license and all ratings.

If you have had one or more DUIs before getting a pilot’s license, it will be part of your permanent medical application. You may also have to wait if you’re currently in a three-year window with two or more DUI convictions. The medical examiner’s responsibility is to ensure that you don’t have a substance abuse problem. The examiner may defer your application to the FAA for potential rejection if you:

Did not submit to a blood-alcohol test at the time of arrest
Had a BAC higher than .15
You have another criminal conviction within the last two years
You have had two or more arrests in the last 10 years
You have had three or more arrests in your lifetime

Bauer, Scanlon & Wigginton is a law firm with more than 25 years of experience navigating DUI laws. That includes complex cases, such as where the FAA is a factor. If you are a pilot charged with a DUI, we encourage you to meet with a Pennsylvania criminal defense attorney at your earliest convenience. To set that appointment, call our Media office at (610) 590-5092 , or contact us online .

Medical Certificate

In the U.S., the FAA oversees all pilot licensing, and it licenses pilots under the authority of the Federal Aviator Regulations (FARs). The FAA is a branch of the U.S. Department of Transportation. The PennDOT is a separate entity and specific to Pennsylvania, but it adheres to federal DOT regulations.

There is no direct relationship between a pilot’s license and a driver’s license in the U.S. As a Pennsylvania-based pilot, the FAA oversees your pilot’s license, and PennDOT oversees your driver’s license. In order to maintain an active pilot’s license, you must have medical certification.

Contesting a Protection From Abuse Order

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

Pennsylvania recognizes several types of protection orders, including a protection from abuse (PFA), a protection from sexual violence order (PSVO), and a protection from intimidation (PFI) order. Each of these orders enjoins defendants from engaging in certain behaviors and contacting the alleged victim. While protection orders can help protect domestic violence victims, people also sometimes use them to secure an advantage in a custody or divorce case through false allegations.

If you have been served with a temporary PFA, which is the most common type and involves domestic violence allegations, the potential repercussions can be severe. A final PFA order could result in the loss of your custody rights. You may also be forced to vacate your home, lose certain civil rights, including the right to own or possess firearms, and face potential criminal prosecution. For these reasons, you should not ignore a temporary order. Instead, speak with a Pennsylvania criminal defense attorney as soon as possible for help with protecting your rights.

Effect of a Temporary or Permanent PFA

A temporary PFA will have similar effects to a final PFA but will be time-limited. It will be immediately effective once it is formally served on the defendant. The process server will also serve copies of the order to the local police and sheriff’s departments to enforce it if the defendant violates the temporary PFA. Like a final PFA, the judge can order several restraints on the defendant, including:

Not going within a certain distance of the victim’s home, school, and/or place of business
No in-person, telephone, email, or text contact
No third-party contact
Vacating the family home if shared with the victim
Surrendering firearms to the police or sheriff’s department

When the temporary PFA is served, you will also receive a notice of the hearing. If you receive a temporary PFA and a summons, do not ignore it. Instead, consult an experienced Pennsylvania criminal defense attorney as soon as possible for help mounting an aggressive defense and to prepare for the chance that the court will issue a final PFA order. Since the court will hold the hearing within 10 days, talking to a lawyer quickly is imperative.

How to Fight a PFA

While you aren’t required to retain a lawyer to fight a PFA, securing competent legal representation to represent you at the final protection from abuse hearing is in your best interests. At the hearing, you and the alleged victim can present evidence, call witnesses, and testify about the allegations and whether the victim’s request for a final order should be granted.

Your attorney will review the victim’s initial request and talk to you about each allegation. They will help you understand the evidence you might need to gather to present to the court, including photographs, text messages, emails, witness testimony, and others.

At the hearing, the petitioner will testify first and explain why they believe the court should grant a final PFA order. They can also enter evidence and call witnesses to testify for them. Your lawyer can cross-examine the petitioner and any witnesses they call. They can also object to the admission of evidence. Once the petitioner has finished, you can testify, enter evidence, and call witnesses. The petitioner’s attorney can also cross-examine you, object to evidence you seek to admit, and cross-examine any witnesses you might call.

Before the hearing, your attorney will explain what to expect and help you prepare for it. This is vital for successfully defending against a final protection from abuse order in Pennsylvania. If the court denies the final PFA, the temporary order will be dismissed, and you will not face further repercussions.

What Happens if You Don’t Appear?

If you ignore the temporary order and fail to appear for the final PFA hearing, the court can enter a final PFA against you along with any orders the judge believes are warranted. This could subject you to restraints for up to three years, and the plaintiff can also file a request to extend it.

Defending Against a Protection From Abuse Order

There are three types of protection from abuse orders in Pennsylvania, including:

Ex-parte or temporary PFA
Emergency PFA
Final PFA

An ex-parte or temporary PFA involves the alleged victim filing a request in court. There are no filing fees associated with a temporary PFA. Once the individual files the paperwork, the judge will hold an ex-parte hearing with the alleged victim to determine whether there is reason to believe the order is necessary. The court will not notify you or give you time to appear at the ex-parte hearing.

If the court grants the temporary PFA, the sheriff or any competent adult will serve it on you. The court will schedule a hearing within 10 days at which both parties can present evidence, call witnesses, and testify. Following the conclusion of the hearing, the judge will then decide whether the plaintiff has presented enough evidence to support a final PFA. If so, the court will issue a final PFA for up to three years.

An emergency PFA is a temporary order an alleged victim can obtain after normal business hours. They can get an emergency order by calling the police or going before a magistrate judge. Once issued, the emergency order will last until the next court business day at 5 p.m. in the Court of Common Pleas. To change and extend an emergency PFA, the alleged victim must go to the Court of Common Pleas on the next business day after receiving it to request an ex-parte order.

Violation of a PFA

Talk to an Experienced Criminal Defense Lawyer

If you violate a temporary or final PFA after proper service or a hearing, you can be prosecuted. Under 23 Pa.C.S.§ 6114, you could be charged with contempt of the court’s order and face up to six months in jail, six months of probation, and a fine ranging from $300 to $1,000. You may also be charged with other criminal offenses based on the conduct underlying the violation.

Receiving a temporary PFA is serious and could have severe repercussions on your life. If you were served with a protection from abuse order, you should speak to an experienced Pennsylvania criminal defense attorney at the Media law firm of Bauer, Scanlon & Wigginton L.L.C. immediately. Call us for a free consultation at (610) 590-5092 to learn about your legal options and how we can help.

Types of PFAs

The laws governing protection from abuse orders in Pennsylvania are found at 61 Pa.C.S. §§ 6106 et. seq. Under these statutes, any adult or emancipated minor can request a PFA on their behalf or on behalf of another to protect against abuse by a household or family member having one of the following relationships with the alleged victim:

Parent
Spouse
Ex-spouse
Domestic partner
Former domestic partner
Current or former romantic or intimate partner
Relatives either through blood or marriage
Child

A PFA is also known as a restraining order because it restrains the subject from contacting the alleged victim. The judge can issue orders for the subject to move out of the family home, stay away from the victim’s place of work or school, remain a certain distance away from the victim, and not contact the victim by phone, email, text message, on social media, in person, or through third parties. Judges can also order people to surrender their firearms and not possess or own any gun while the order is in force.

What Is a PFA in Pennsylvania?

The Problems With Lie Detection Methods

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

Police officers and prosecutors have long yearned for a reliable way to tell whether or not a suspect or defendant is telling the truth. The search for an accurate lie-detection device or technique has ushered in many false dawns, but science has yet to crack the problem. Many scientists believe that efforts to detect deception will never yield consistent results because all human beings are different. A successful system would have to provide consistent results, but that may not be possible because people have individual traits and unique life experiences. With that in mind, let’s take a look at some of the methods that have been used to separate truth from deception.

Reality Monitoring

Reality monitoring and criterion-based content analysis are lie-detection methods that examine the statements people make rather than their physiological responses to questions. The theory is that true statements based on a lived experience are more complex and vivid than lies. Researchers have concluded that such methods can separate fabricated statements from experience-based statements, but only about 70% of the time. That margin of error is large enough to prevent these techniques from providing prosecutors with evidence reliable enough to be used in court.

MRI Tests

Magnetic resonance imaging machines use a magnetic field and radio waves to create detailed images of organs like the brain. They can also show how hard the brain is working. Telling a lie and trying to keep a story straight are more cognitively challenging than answering a question truthfully, so MRI machines should be able to identify false statements. Scientists have explored this approach, but they have run into the same problems that have plagued polygraph machines. People react to stress differently, which means MRI scans of their brains do not reveal very much. This is why most experts have concluded that neurological lie detection is a scientific dead end.

Voice Pattern Analysis

Voice pattern analysis identifies false statements by examining how people respond to questions. Police officers trained in this technique analyze speech patterns and look for guilt indicators like pauses and tonal changes. The voice pattern analysis approach was pioneered by a retired police chief with no scientific credentials who never investigated a homicide. The technique was originally used to analyze recordings of 911 calls, and the Federal Bureau of Investigation even created a training curriculum that was used by law enforcement agencies around the country.

Scientists were less convinced. When they listened to 911 calls, they could not find any evidence to show that voice pattern analysis is a reliable way to identify guilt or false statements. The FBI succumbed to scientific pressure and advised police departments to stop using voice pattern analysis in 2020. In 2022, an FBI study concluded that voice pattern analysis could actually increase bias.

Accurate Lie Detection Could Be a Scientific White Whale

Reading nonverbal cues, micro-expressions and body language is another popular lie-detection method. Police officers began using this technique when it became clear that polygraph machines were unreliable. The problem with this approach is that not all people behave in the same way when they are placed in stressful situations. The evidence supporting this approach has been largely debunked by scientists, but law enforcement agencies around the world still use it. The results of nonverbal behavior analysis may guide police investigations, but they have little evidentiary value.

Police Interview Techniques

Artificial Intelligence

The questions police officers ask when they interview suspects remain the most reliable way to identify false statements in a criminal investigation. People who lie to the police tend to keep their stories as simple as possible to avoid being caught out, and they may make mistakes when they are pressed to provide details. Police officers press suspects by confronting them with facts or evidence that contradicts their accounts. When suspects respond to this pressure by concocting more elaborate lies, their deception usually becomes apparent. This is one of the reasons why experienced Pennsylvania criminal defense attorneys advise their clients to never talk to the police unless a lawyer is present.

Some scientists believe that machine learning and artificial intelligence could one day provide a reliable way to detect lies. AI can analyze data and identify patterns far more quickly and thoroughly than human beings, which means it may be able to identify signs of deception that have so far escaped detection. In 2021, a team of Dutch researchers compared how human judges and AI algorithms performed when evaluating accounts that included lies. The technology did better than the human experts, but it was only accurate about 69% of the time. AI is still in its nascent stages, so a more effective machine learning approach to lie detecting could be developed in the future.

Reading Nonverbal Behavior

If you ever apply for a government job that requires a security clearance, you will probably be asked to take a polygraph test. The federal government conducts about 70,000 polygraph tests each year, but a large and growing body of scientific evidence suggests that they do not work. Polygraph machines measure physiological factors like respiration, perspiration, heart rate and blood pressure, but there is no credible scientific evidence linking changes in these factors to deception. Scientists have concluded that polygraph machines can reliably measure fear and anxiety, but not every fearful or anxious person is lying.

A study of the scientific validity of polygraph machines was submitted to Congress in 1983. When lawmakers read the report, they passed legislation that prohibited private employers from requiring polygraph tests. In 1998, the U.S. Supreme Court ruled that polygraph test results may not be used in federal courts because the science supporting them is unreliable. Polygraph machines are still the most common lie-detection tool, but they are not accurate enough to be used in court.

Polygraph Machines

Juries find scientific evidence compelling, which is why prosecutors love to introduce it. The problem is that scientific breakthroughs are not always as groundbreaking as they seem. “Junk science” is a term used to describe theories or methods that cannot withstand rigorous scrutiny and are not supported by evidence, and it can be used to describe just about all of the techniques used in the criminal justice system to identify false statements. Police officers rely on their training and their instincts when they have to decide whether or not a suspect or witness is telling the truth, and that is unlikely to change in the years ahead.

If you are ever accused of committing a crime, questionable lie-detection methods are something that you may worry less about if you speak with a Pennsylvania criminal defense attorney before you answer police questions. Bauer, Scanlon & Wigginton is a law firm with extensive criminal defense experience, and our attorneys are standing by to help you and answer your questions. If you would like to learn more about your legal options, you can schedule a meeting at our Media office by calling us at (610) 590-5092 or by filling out and submitting our online contact form .

Junk Science

Legal Help in Criminal Defense Matters

DEA Proposes to Reclassify Marijuana

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

A recent Gallup poll revealed that over 70% of American adults support marijuana legalization, which is the highest level ever recorded by the polling firm and more than double its polling results in 2000. In 2022, President Joe Biden pardoned thousands of Americans federally convicted of simple marijuana possession and called on the federal government to review marijuana law. The U.S. Drug Enforcement Administration (DEA) conducted a review and, in April 2024, proposed a plan to reclassify marijuana from a Schedule I drug to a Schedule III drug.

What Is Drug Scheduling?

The DEA classifies controlled substances, as determined by Congress, into five distinct categories, which it calls schedules. The organization determines rules and regulations for schedules rather than individual drugs. This streamlines the overwhelming task of making rules for all controlled substances in the U.S.

Schedule I: a high potential for abuse and no currently accepted medical use
Schedule II: accepted medical uses but potential for severe dependence
Schedule III: low to moderate potential for physical and psychological dependence
Schedule IV: low risk for both abuse and dependence
Schedule V: generally reserved for products that contain small amounts of a controlled substance

A Deeper Look at Schedule

Many have long argued that marijuana has no place being on Schedule I. Even people who do not want marijuana legalized generally agree. Other drugs in this schedule include:

LSD
Heroin
Peyote
Ecstasy
Methaqualone

It is also illuminating to consider some of the drugs in Schedule II. These are drugs that the DEA currently deems to be less dangerous than marijuana:

Cocaine
Fentanyl
Oxycodone
Methamphetamine
Adderall and Ritalin

A Deeper Look at Schedule III

Many experts agree with the DEA that Schedule III is a better spot for marijuana. This schedule includes:

Ketamine
Testosterone
Anabolic steroids
Aspirin with codeine

DEA Aims to Reclassify Marijuana in Historic Shift

No. Congress would need to pass a bill that would legalize and decriminalize marijuana at the federal level and outright allow for recreational use. What the DEA can do is:

Relax the marijuana rules and regulations
Acknowledge it has less potential for abuse
Recognize the medical applications of marijuana

Experts warn that the immediate effect of the DEA rescheduling marijuana would likely be muted. That said, many agree that it is an important first step forward. Congress, for instance, is working on a SAFER Banking Act, but many experts expect them to wait until marijuana is no longer a Schedule I drug.

The Research Factor

What Happens Next?

People both for and against marijuana legalization agree that there should be more research. The primary reason that there is such a dearth of research on cannabis is because it is a Schedule I drug. It is very difficult to get approval for research for Schedule I drugs through the DEA. The time and money required is simply impractical for many universities and smaller research labs. Once marijuana becomes a Schedule III drug, the costs and other roadblocks researchers currently face would go away.

Congress has the power to make marijuana a controlled substance or not. While it’s a controlled substance, the DEA has the power to determine marijuana’s schedule. It could move it from Schedule I all the way to Schedule V. It has proposed Schedule III based on its own review and a recommendation from the Health and Human Services Department (HHS). The DEA does not have final say. It sends the official proposal to the White House Office of Management and Budget (OMB) for review. The OMB could reject it outright or request revision, but it is expected to sign off on it.

The DEA would then publish the ruling in the Federal Register. This would initiate the formal rulemaking process in Congress per the Controlled Substances Act. If Congress passes it, the change becomes official but could be appealed. A previous attempt to reschedule marijuana was denied by a federal judge citing U.S. obligations to the international 1961 Single Convention on Narcotic Drugs treaty. This is not expected to be a hurdle again but potentially could be.

Can the DEA Legalize Marijuana?

Whether marijuana is legal in the U.S. is a complex subject due to the government structure of the country. On the federal level, cannabis is a scheduled drug, which means that it is a controlled substance and therefore generally illegal. While the federal government is free to define and enforce its own marijuana laws, it cannot force those laws on states due to the 10th Amendment. Each state establishes its own marijuana laws and determines how to enforce them. Federal marijuana law applies when you are:

On federal land
A federal employee
Charged with a federal crime
Traveling on the federal highway system

State law applies at all other times, but there remains a great deal of murkiness when it comes to banking. Many banks refuse cannabis-based businesses as clients for risk that deposits and other transactions could violate federal law.

According to Pennsylvania criminal defense attorneys, their state has legalized marijuana for medical use only, although the governor has called for the decriminalization of the possession of small amounts. There are 14 states in total that have legalized medical marijuana, and there are 24 states that have legalized it for both medical and recreational use. It is also legal in:

Guam
Puerto Rico
Washington, D.C.

Is Marijuana Legal in the U.S.?

The Cannabis Administration and Opportunity Act is a bill in Congress that would fully decriminalize marijuana at the federal level by removing it from the Controlled Substances Act. Congress could sign it into law without rescheduling marijuana first. However, there is an expectation of a domino effect. Rescheduling will occur. The SAFER Banking Act will become law. Then, possibly, federal decriminalization would occur. If that were to happen, it would:

Reduce tax burdens on cannabis-based business
Legalize marijuana on federal property and highways
Eliminate potential federal violations through banking

The federal government could still ban it on particular properties and forbid it for its employees. However, people would also still be fully subject to state law. If in a state where marijuana remained fully criminalized, it does not matter that it would be decriminalized at the federal level.

When federal law changes, it does not retroactively apply to those previously charged and found guilty. Appeals may be possible. It would generally require the then-President to pardon those individuals. If the change occurs during the Biden administration, those pardons seem likely based on past actions and statements. If it happens afterwards, it would depend on who was president at that time.

Cannabis Administration and Opportunity Act

What Would Happen to Preexisting Federal Charges?

Bauer, Scanlon & Wigginton is a law firm in Pennsylvania with three seasoned criminal defense attorneys who have many years of combined experience. We have a deep understanding of the current landscape of marijuana charges. If you or a loved one has been charged with marijuana use or possession, we would like to help. To discuss your case with a Pennsylvania criminal defense attorney, call our Media office at (610) 590-5092 , or contact us online .

Local Representation for Marijuana Charges

The Potential Consequences of Speeding Tickets

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

Pennsylvania puts approximately 1.5 million traffic violations on the books each year, and more than 20% of them are speeding offenses. That means that police throughout the state are issuing over 850 speeding tickets every single day. Pennsylvania criminal defense attorneys note that contesting a speeding ticket is an option, but there are a range of factors to consider.

Pennsylvania’s Points System

The Pennsylvania Department of Transportation (PennDOT) will put points on your license if you plead guilty or a judge finds you guilty of speeding. These points are part of your driving record, which is what insurance companies use to assess you as a risk. Drivers ideally want a points-free driving record as points can affect you negatively when it comes to:

Credit
Employment
Insurance premiums

The points for a speeding ticket depend on the speed. PennDOT will add:

2 points at 6 to 10 mph over
3 points at 11-15 mph
4 points at 16-25 mph
5 points at over 25 mph

Note that PennDOT will not notify your insurance company until you accrue six or more points. With speeding tickets, this generally means you will need to receive a second ticket before your rates go up. This is also the point at which you will need to take and pass a written exam to avoid a short-term license suspension.

Do You Have to Go to Court for a Speeding Ticket?

Pennsylvania gives you two options: pay the fine or go to court. If you choose to pay the fine, you can do so online, by mail or in person at the Clerk of Courts office in the relevant county. Through this approach, you simply pay the fine and no other additional charges, such as court costs. If you go to court and are found guilty, you will have to pay the fine and court costs. If you are found not guilty or a judge dismisses the case, you will not have to pay anything at all, including court costs. Note that if your speeding ticket is connected to a criminal offense, such as a DUI, you will have to go to court regardless.

What Happens If You Do Not Pay a Speeding Ticket?

You should never ignore a speeding ticket, as you will only make the penalties worse. If you cannot afford the fine, there are options, such as payment plans without interest. If you simply do not pay or attend court, the court and/or PennDOT can:

Increase your fine
Issue an arrest warrant
Suspend your driver’s license
Add additional points to your record

Should Drivers Contest Speeding Tickets?

Pennsylvania uses a speeding fine scale. The base fine is typically $45, and it increases by $2 for each mile per hour that you exceed the posted speed limit. The zone in which you were traveling is a factor as well. The state recognizes seven mph zones:

25 mph
35 mph
40 mph
45 mph
55 mph
65 mph
70 mph

The fine for speeding tickets in the 65 and 70 mph zones starts at $44.50. The zone also dictates the upper speed at which point it is no longer a traffic offense but a misdemeanor or more serious crime. In the 25 mph zone, that point is a speed in excess of 60 mph.

How to Fight a Speeding Ticket

How to Get a Speeding Ticket Off Your Record

To fight a speeding ticket, you will need to go to the courthouse on the day of the hearing. The ticketing police officer should attend as well, and if the officer does not, a judge will usually dismiss the ticket. A common question is whether you need an attorney to contest a speeding ticket. There is no technical requirement. You can represent yourself and argue your case before a judge without an attorney. That said, having an attorney could greatly increase your chances of successfully contesting the ticket. For speeding tickets, most attorneys offer a flat rate that, if applicable, includes the fine and court costs. You should also know that most lawyers will consult with you about your speeding ticket at no cost and without obligation. That means that there is little risk to at least explore the possibility.

Once PennDOT has put points on your driving record, those points will remain there for a period of 12 consecutive months. PennDOT will remove up to three points at a time. That means that if you avoid additional speeding tickets, your driving record may be clear within a year. Note that if at any point PennDOT assigns you additional points or suspends or revokes your driver’s license, that timer will reset in full. If you have accrued six points, you have the option of Driver Improvement School. If you successfully complete this program, PennDOT will immediately remove two points from your record. The state does not offer a mechanism where you can expunge a speeding ticket after having pled or been found guilty.

Speeding Ticket Fines in Pennsylvania

After police pull you over for a speeding ticket, the officer will request your driver’s license, vehicle registration and proof of insurance. Pennsylvania criminal defense attorneys recommend being calm and patient and not using this interaction as an opportunity to argue the ticket or persuade the officer. The officer will ask you to sign the ticket. Signing it is not an admission of guilt but rather a recognition of receiving it. The officer will give you a copy and may then explain how to proceed. You will also find clear instructions on your copy. The ticket will also have additional information, such as:

Posted speed limit
Miles over the speed limit
Preliminary court date
Location of the offense
Vehicle identification
Personal and contact information
Officer’s name and badge number

What to Expect When Getting a Speeding Ticket

Whether to contest is something you should discuss with an attorney soon after you have received the ticket. If you have received a speeding ticket for the first time, simply paying it will be the most affordable option as long as you do not get additional tickets within the next year. No single ticket will put you at the six-point threshold, which means that your auto insurance rates will not go up. There may be potential for the points to affect your credit or employment, which is something you will want to discuss with your lawyer.

If the speeding ticket is a subsequent offense, contesting the ticket is generally recommended. Even if an attorney cannot get the case dismissed or have you found not guilty, they may be able to reach an agreement that limits the penalties. You may pay a bigger fine but could, for instance, avoid the higher insurance premiums that would affect you for the next five years or more.

Should You Contest a Speeding Ticket?

Legal Assistance for Your Speeding Ticking

The law firm of Bauer, Scanlon & Wigginton has extensive experience representing clients who have received speeding tickets and other traffic offenses. If a police officer has pulled you over and given you a speeding ticket, we recommend consulting with an attorney as soon as possible. To meet with one of our Pennsylvania criminal defense attorneys, you can call our Media office at (610) 590-5092 , or contact us online .

How Eyewitness Testimony Is Often Flawed

Fri, 24 Jul 2026 13:19:53 GMT

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Post-Approval Steps

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

Testimony provided by credible eyewitnesses plays a major role in the criminal justice system. These accounts are commonly used to paint a complete and accurate picture of the crime, and they have been known to make or break the case of a client of a Pennsylvania criminal defense attorney.

When an eyewitness is shown not only to be a trustworthy person but also someone whose memory and perception can reasonably be counted on, the testimony they provide in court may be used as evidence that holds unduly significant weight. If an ideal witness has sufficient confidence in what they saw, it may be enough to sway a jury that has no reason to doubt the validity of their statements.

But when eyewitness mistakes are made, the stakes are often high. These errors may end in tragedy for the falsely accused, who ultimately have to pay the price for what is a common psychological phenomenon.

The Information That Is Already Present

In addition to what enters the mind of a witness after they see a crime occur, extraneous information also plays a role. This refers to what they already have in their mental bank: things they remember from the past that inform their perception of the present. It also plays into how people reconstruct memories.

Some studies have shown that what a witness already knows about types of guns and other weapons has a direct influence on how accurately they will identify a weapon used in a crime. This is true whether they know about firearms from:

Movies
TV shows
Video games
Military

This comes into play with common firearms like a Colt .45 semiautomatic pistol versus something like a short-barreled revolver. A witness may be less familiar with the latter, but this type of weapon is much more commonly used in real-life crimes.

As an investigation is conducted, details such as the weapon that was used can repeatedly transform, although the witness is no less certain about their testimony. It’s not that they’re trying to be deceptive; when these mistakes happen, it’s because the witness truly believes what their memory tells them.

The criminal justice system has seen a real impact as a result of these eyewitness mistakes. This is not the fault of the witnesses, who are simply doing their best to remember. These witnesses genuinely believe that their memory has it right, and they’re playing their part in a system that still gives undue weight to these accounts.

The types of falsely identified weapons that perpetrators are often remembered as wielding tend to be expensive firearms of the type that police officers typically use. But for perpetrators who are trying to rob a store because they’re desperate for cash, this doesn’t add up.

A Stressful Environment

It’s not always obvious which preconceived notions or post-event information will lead witnesses’ memories astray. To further add to the confusion, a stress-free environment is a luxury that eyewitnesses are rarely afforded.

The aftermath of a crime is often hectic, and things move fast. It’s enough to cause a state of distress in anyone, even if you weren’t directly involved in the incident. Adrenaline may be pumping, and this heightened emotional state prevents the mind from functioning at its best.

But an initial report, by its very nature, has to happen right away in an attempt to capture details and impressions when they are fresh. Law enforcement has to operate quickly in the immediate aftermath of the crime and can’t afford to wait until everything is calm and quiet.

These conditions are unfortunately ideal for post-event information to latch onto a person’s memory. People are more willing to accept suggestions of added details that they didn’t witness for themselves. This is especially true since they’re talking to officers of the law, who they may presume have better or more complete information than they do.

A Common Officer Mistake

Eyewitness Testimony’s Large Margin of Error

The wording seemed to influence how fast they perceived the cars to be moving as well as the intensity of the collision. Although only one word was changed, it made a difference in the way respondents remembered important details. This showed how easy it is to overlook this post-event information and how it may be included unintentionally.

When the word “hit” was used, respondents were able to estimate the speed of the vehicles fairly accurately. But when changed to the word “smashed,” more respondents felt they were able to confirm that damage was done to one or both of the vehicles. Respondents thought they saw glass breaking, although that hadn’t happened at all in the film they saw.

Loftus performed another study in 1979 involving a short video, but this one did not include a collision. This time, interviewers slipped in an added piece of false information. Many respondents accepted the suggestion because they were focused on the details in question rather than the assumed fact that was presented to them.

Participants were asked how fast a vehicle was traveling as it went past a barn down a rural roadway. A high percentage of the respondents said they could remember the barn, but there wasn’t one. The experiment showed how the information that people receive after the fact can cause new details to manifest.

How to Get a Speeding Ticket Off Your Record

A witness who has no prior experience with firearms may be initially unable to identify the weapon type. They might not be able to tell whether there was a gun involved at all.

Some police officers have made the mistake of presenting a witness with their own service weapon in an attempt to help their memory. Their intention is often to provide something for reference so they can better identify the weapon through comparison.

However, this tends to only pollute the person’s memory. While the witness had only a vague sense of the weapon used by the perpetrator, the gun that the officer showed them was clear and detailed.

They have time to look it over, so they can develop a strong mental image with clear features. This tends to supersede whatever weapon they had already remembered, no matter how accurately this piece of post-event information fits into the true story.

Not all law officers are aware of these psychological factors or how they play into their interactions with witnesses. The subtlest suggestion can contribute to eyewitness errors and skew everything from minor but crucial details to the big picture of the whole story.

The law firm of Bauer, Scanlon & Wigginton understands the pitfalls of eyewitness testimony and how to navigate them. Call (610) 590-5092 to set up an appointment with one of our Media, Pennsylvania criminal defense attorneys to discuss your case.

The Difference That One Word Can Make

There’s a difference between witnesses who give inaccurate testimonies versus general forgetfulness. The psychology behind flawed eyewitness testimony is significantly more intricate than your average memory issues, and this is owed to the variety of factors involved.

The idea that no one’s memory is flawless has been around for decades. Psychologists have long been aware that people’s recollections quickly become altered and shortened while many of the key details steadily slip further away the more time ticks by. To muddy the waters even more, the human mind likes to reshape these memories so that they fit better into what the individual personally already believes.

Elizabeth Loftus conducted some of the most well-known experiments that revealed the influence of post-event information on memory. As it applies to eyewitness cognition, post-event information refers to input that a witness receives during the time between when they saw the event and when they provide their testimony.

In the famous Loftus and Palmer experiments of 1974, respondents were shown a video of one car rear-ending another at a low speed. The way these respondents remembered the video changed based on the language that was used to describe the collision afterward.

The Psychology of Eyewitness Memory

Legal Assistance for Your Speeding Ticking

A Comprehensive Guide to Expungements

Sat, 30 Nov 2024 17:00:00 GMT

Expungements: A comprehensive Guide

In today’s world, a criminal record can have far-reaching consequences, affecting employment opportunities, housing applications, and even social relationships. Fortunately, the legal process of expungement offers individuals a chance to clear their record and move forward with a clean slate. At Bauer Scanlon & Wigginton, we specialize in guiding clients through this transformative process. This blog provides a deep dive into expungements: what they are, who qualifies, the benefits, and how we can help you take this crucial step toward a better future.

What is Expungement?

Expungement is a legal process that allows individuals to have certain criminal records sealed or erased from public view. This means that after a successful expungement, the record will no longer appear in background checks conducted by employers, landlords, or other entities.

Key Features of Expungement:

Sealed vs. Erased: Depending on the jurisdiction, expunged records are either permanently destroyed or sealed, making them inaccessible to the public.
Not Always Automatic: Expungement typically requires a formal legal process, including filing a petition and sometimes appearing in court.
Scope of Expungement: While some states allow for a broad range of offenses to be expunged, others are more restrictive, excluding severe crimes like violent felonies or sex offenses.

Who Qualifies for Expungement?

General Factors That Determine Eligibility:

Type of Offense: Many states allow expungement for misdemeanors and certain non-violent felonies.
Time Passed Since Conviction: A mandatory waiting period—ranging from a few years to a decade—may apply.
Completion of Sentence: This includes serving jail time, probation, or parole, and paying any fines or restitution.
No Additional Convictions: A clean record since the conviction in question is often required.
Juvenile Records: In many jurisdictions, juvenile records are more easily expunged than adult records.

The Benefits of Expungement

The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.

Employment Opportunities

Many employers conduct background checks, and a criminal record can be a significant barrier to employment.

Expunged records are no longer visible during these checks, allowing individuals to present themselves without the shadow of past mistakes.

Housing and Financial Benefits

Landlords often perform background checks before renting properties. Expungement can eliminate this obstacle, making it easier to secure housing.

Similarly, financial institutions may view applicants with a criminal history as higher-risk. Expungement can improve access to loans or credit.

Restoring Civil Rights

In some cases, expungement may restore rights that were lost due to a conviction, such as voting or owning a firearm.

Social and Personal Advantages

Removing the stigma of a criminal record can enhance self-esteem and improve relationships.

Individuals gain a sense of closure and the ability to fully reintegrate into society.

The Expungement Process

The journey to expungement can be complex, but with experienced legal guidance, the process becomes manageable and efficient.

Initial Consultation

At Bauer Scanlon & Wigginton, we begin with a thorough review of your criminal record and circumstances. This step ensures we understand your eligibility and the steps needed to proceed.

Filing the Petition

Once eligibility is confirmed, we prepare and file the necessary paperwork with the court. This includes:

Details of the offense(s) in question.

Evidence of rehabilitation, such as proof of employment or community service.

Any additional documentation required by the jurisdiction.

Court Hearing

In some cases, a court hearing may be required. During this hearing, we advocate on your behalf, presenting evidence and arguments to demonstrate why the expungement should be granted.

Post-Approval Steps

Common Myths About Expungement

Myth 1: Expungement Completely Deletes the Record While expungement seals or removes the record from public view, some law enforcement agencies may retain access for limited purposes.

Myth 2: Anyone Can Get an Expungement Eligibility criteria are strict, and not all offenses qualify. Consultation with an attorney is essential to determine your case’s viability.

Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.

How Bauer Scanlon & Wigginton Can Help

Personalized Legal Strategy

We tailor our approach based on your unique circumstances, ensuring the most effective path to expungement.

Expert Advocacy

From filing the petition to representing you in court, we handle every aspect of the process with precision and dedication.

Post-Expungement Guidance

Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.

Success Stories from Bauer Scanlon & Wigginton

Case 1: Overcoming Employment Barriers A client with a decades-old misdemeanor struggled to secure stable employment. After successfully expunging the record, they secured a managerial position at a prestigious company.

Case 2: Rebuilding After a Juvenile Mistake A young adult with a juvenile record for a non-violent offense faced difficulties in college admissions. Post-expungement, they were accepted into their dream school.

Case 3: Housing Stability Restored A single mother was repeatedly denied housing due to a years-old conviction. Following expungement, she secured a safe and stable home for her family.

Final Thoughts: Your Path to a Brighter Future

An expungement can be life-changing, offering a fresh start and the ability to move forward without the weight of a criminal record. At Bauer Scanlon & Wigginton, we are committed to making this process as seamless and effective as possible. Whether you’re seeking a new job, pursuing education, or simply looking for a fresh start, our team is here to help.

Take the first step toward reclaiming your future. Contact Bauer Scanlon & Wigginton today for a consultation and let us guide you through the transformative journey of expungement.

Divorce in Delaware County

Sat, 30 Nov 2024 02:24:00 GMT

Divorce can be one of the most challenging and emotional experiences a person goes through. Couples who are facing the end of their marriage may feel overwhelmed by the legal process, the potential costs, and the uncertainty of what lies ahead. However, understanding the first steps in divorce, the factors that influence its costs, and why it’s essential to have a knowledgeable attorney by your side can make all the difference.

Whether you are in the initial stages of contemplating divorce or are already in the midst of the process, having a clear understanding of the steps ahead can help ease your concerns and prepare you for what’s to come.

The First Steps in Divorce

Divorce begins with understanding the legal process and knowing what to expect. Here are the essential first steps to take when you are considering or preparing for divorce:

1. Make Sure Divorce is the Right Decision

Before moving forward, it’s crucial to evaluate if divorce is the best course of action. Divorce can have significant emotional, financial, and practical consequences. Couples may choose to separate temporarily, seek counseling, or explore reconciliation before filing for divorce. However, if both parties agree that divorce is the only option, it’s time to take legal steps.

2. Understand Pennsylvania Divorce Law

In Pennsylvania, divorce can be either contested or uncontested. An uncontested divorce occurs when both parties agree on all the major issues, such as asset division, child custody, and support. A contested divorce, on the other hand, involves disagreements, and the court may need to make decisions on these matters. Understanding the difference will help you prepare for the path ahead.

3. Consult with a Family Law Attorney

One of the first steps you should take after deciding to divorce is to consult with a qualified family law attorney . Divorce is a legal process that involves numerous decisions regarding child custody, alimony, asset division, and other important matters. An experienced lawyer can guide you through the entire process, ensuring that your rights are protected and helping you navigate any challenges that arise.

Consulting with an attorney early on in the process also helps you to understand your legal rights and obligations. Without professional legal advice, you may not fully understand how divorce laws apply to your situation, which could result in unfavorable outcomes later on.

Why You Need an Attorney for Your Divorce

Divorce is not just an emotional decision, but a legal one as well. Having a skilled attorney by your side offers several advantages:

1. Expertise in Divorce Law

Divorce laws can be complex and vary significantly from state to state. A lawyer specializing in family law will be able to explain the relevant laws in Pennsylvania and how they apply to your case. They will ensure that all legal paperwork is filed correctly and on time, helping you avoid mistakes that could delay or complicate the process.

2. Objective Legal Guidance

Divorce can be an emotional rollercoaster, and it’s easy to get caught up in your feelings. An attorney will provide objective legal advice, helping you make decisions that are in your best interest and protect your future. They will handle negotiations and court proceedings, allowing you to focus on emotional healing.

3. Protection of Your Rights

Whether it’s your financial assets or your relationship with your children, you want to ensure your rights are protected. An attorney will work to secure a fair division of assets, help with child custody arrangements, and protect you from unfair alimony demands or other consequences.

4. Support During Mediation and Settlement Negotiations

Most divorces end with an out-of-court settlement, often through mediation. Attorneys help negotiate these settlements by ensuring that you reach a fair agreement. Without a lawyer, you may be pressured into agreeing to unfavorable terms. Your lawyer will advocate for your interests, helping you negotiate child custody, support, and asset division arrangements.

Out-of-Court Settlements: Why Mediation is Often the Best Option

While divorce litigation is sometimes unavoidable, many couples in Delaware County prefer to resolve their differences out of court through mediation. Mediation is a process where a neutral third party helps both spouses reach a mutually agreeable settlement.

Here are some reasons why mediation can be a good option for couples:

1. Cost-Effective

Going through court can be expensive. Mediation tends to be more cost-effective because it involves fewer court fees and a faster process. Couples can avoid the expenses of prolonged litigation.

2. Faster Resolution

Court cases can take months or even years to finalize. Mediation, on the other hand, is often quicker. Couples who are able to mediate a settlement can resolve their divorce more swiftly, which can be important for those looking to move on with their lives.

3. Less Stressful

Divorce is already an emotionally taxing process. Mediation tends to be less adversarial and more cooperative than litigation, reducing the emotional stress and tension associated with court battles.

4. Privacy

Mediation is confidential, unlike court proceedings, which are public. Couples who wish to keep their personal matters private may prefer mediation as a way to avoid airing their grievances in front of a judge and the public.

Common Questions About Divorce in Delaware County

One of the most common concerns for individuals considering divorce is the potential cost. While it’s difficult to provide a set amount for divorce costs, several factors influence the total expense.

How Much Does Divorce Cost?

The cost of divorce varies widely depending on several factors, including whether the divorce is contested or uncontested. An uncontested divorce tends to be much less expensive because both parties agree on all major issues, such as property division, child custody, and support.

In contrast, contested divorces require more legal work, as negotiations or court appearances may be necessary. Additional costs could arise from hiring experts, such as financial professionals or child psychologists, and if your divorce involves a lengthy trial, the expenses can increase significantly.

Factors that affect the cost include:

Number of children and the complexity of child custody arrangements.
Assets involved (e.g., real estate, retirement accounts, business interests).
Alimony or spousal support claims .
The level of conflict between the parties .

The most important thing to remember is that there is no set price for divorce, as each case is unique. It’s essential to speak with an attorney to get an estimate of costs based on your specific situation.

How Long Will My Divorce Take?

The length of the divorce process varies, with uncontested divorces generally taking much less time than contested divorces. An uncontested divorce can be finalized in a few months, while a contested divorce can drag on for over a year, especially if issues like custody or asset division need to be resolved in court.

Do I Need to Go to Court?

Not necessarily. Most divorces are resolved without the need for a court trial. If the parties can agree on major issues, a divorce can be finalized through paperwork and settlement. However, if there is significant disagreement, a judge may need to make decisions, which can result in a court trial.

Reach Out to BSW Lawyers for Divorce Assistance

Divorce is never easy, but understanding the process and knowing what to expect can make a world of difference. Having an experienced family law attorney from Bauer, Scanlon, & Wigginton L.L.C. by your side can provide peace of mind, protect your rights, and help you navigate the legal complexities of divorce.

If you’re facing divorce in Delaware County, don’t hesitate to contact Bauer, Scanlon, & Wigginton L.L.C. for a consultation. Our team is dedicated to guiding you through the process and ensuring that your divorce is handled with the care and expertise it deserves.

Cyberbullying and Juvenile Law: When Online Activity Crosses Legal Boundaries

Thu, 31 Oct 2024 17:00:00 GMT

In today’s digital age, teenagers are more connected than ever. Social media, messaging apps, and online games have opened new ways for young people to communicate. However, with these new platforms come new risks. One of the biggest threats in this online world is cyberbullying. When does online activity cross from harmless messages to harmful and potentially criminal behavior? For parents, understanding the legal side of cyberbullying is essential.

At Bauer, Scanlon, & Wigginton (BSW), we know that mistakes made online can have serious legal consequences. Our team is here to help families navigate these complex issues. If your child is facing accusations of cyberbullying, understanding the laws around this issue can help you take the right steps.

What is Cyberbullying?

Cyberbullying refers to using electronic communication to bully, harass, or threaten someone. Unlike traditional bullying, which happens in person, cyberbullying can occur at any time. The victim is often left feeling there’s no escape from the harassment. Types of cyberbullying include:

Sending Threatening Messages : Texts or messages that make a person feel unsafe.
Spreading Rumors Online : False information or rumors can harm a person’s reputation.
Sharing Private Photos or Videos : Posting or sharing personal images without permission.
Impersonating Someone Else : Pretending to be another person online to embarrass or hurt them.

Cyberbullying has far-reaching consequences, impacting the mental health and well-being of young people. It can also lead to legal issues if it crosses certain boundaries.

When Cyberbullying Becomes a Legal Issue

While not all online behavior is criminal, certain forms of cyberbullying may lead to legal action. Each state has different laws, but many have strict rules around cyber harassment, threats, and invasion of privacy. In Pennsylvania, cyberbullying can fall under laws related to harassment, defamation, and stalking.

Harassment : Repeatedly sending messages intended to annoy, harass, or scare another person can be considered harassment.
Threats : Threatening harm to another person, even online, can lead to criminal charges.
Invasion of Privacy : Sharing private information or photos without consent can also lead to legal action.

When cyberbullying becomes severe, the consequences can affect your child’s future. Many schools and local authorities take these issues seriously. Criminal charges or disciplinary actions in school can leave a lasting impact.

Potential Consequences for Juveniles Accused of Cyberbullying

Cyberbullying isn’t just a school matter. In some cases, it can lead to charges in juvenile court. The legal system may treat juvenile cyberbullying as a form of harassment or defamation. Potential consequences include:

School Disciplinary Action : Many schools enforce their own policies around cyberbullying. This can result in suspension, expulsion, or restrictions on using school devices.
Juvenile Court Proceedings : In severe cases, cyberbullying can lead to charges in juvenile court. Consequences may include probation, community service, or counseling.
A Juvenile Record : If a case goes to court, your child may end up with a juvenile record. This record can impact future opportunities, including college applications and job prospects.

If your child is accused of cyberbullying, understanding the legal consequences is critical. An experienced juvenile defense attorney can make a significant difference in the outcome of their case.

How to Respond if Your Child is Accused of Cyberbullying

Receiving news that your child has been accused of cyberbullying can be overwhelming. Here’s how you can approach the situation and protect your child’s rights:

1. Gather Information

First, try to gather as much information as possible. Ask for details about the accusations, including the context of the messages or posts in question. Understanding the full picture can help you and your attorney determine the best defense.

2. Avoid Confrontation

It’s natural to feel defensive or upset if your child is accused of wrongdoing. However, try to avoid confrontation with the school, other parents, or authorities. Focus on understanding the situation and finding a constructive solution.

3. Consult an Attorney

An experienced juvenile defense attorney can help you understand the potential consequences and available defenses. They will review the evidence and advise you on how to proceed. At BSW, we offer legal guidance to help families handle these complex situations.

Legal Defenses for Juveniles Accused of Cyberbullying

If your child is facing legal action due to cyberbullying, several defenses may be available. The right defense will depend on the specific circumstances of the case. Here are some common approaches:

Freedom of Speech : In some cases, statements made online may fall under protected speech. However, this defense only applies in certain situations and is not valid for threats or harassment.
Misunderstanding or Lack of Intent : Sometimes, messages can be misinterpreted. If your child did not intend to harm the other person, this can be used in their defense.
Lack of Evidence : The prosecution must provide clear evidence that your child engaged in cyberbullying. If there is insufficient evidence, the charges may not hold up in court.
Apology and Mediation : In cases where the accused and the victim are open to communication, mediation can be a constructive way to resolve issues. This approach may lead to a more positive outcome and help prevent further conflicts.

The Role of Parents in Cyberbullying Cases

As a parent, you play a crucial role in navigating a cyberbullying case. Here’s how you can support your child:

Educate Them About Online Safety : Talk to your child about the impact of online behavior. Help them understand the importance of respectful communication.
Monitor Online Activity : Encourage responsible use of social media and online communication. Regularly check in with your child about their online interactions.
Support Them Legally and Emotionally : Legal proceedings can be stressful for young people. Ensure your child feels supported and has access to the resources they need.

How We Can Help

We understand that cyberbullying cases are often complex and emotional. As juvenile defense attorneys, we focus on defending young clients while protecting their futures. Here’s what we offer:

Experienced Guidance : Our team has over 25 years of combined experience in criminal defense, including juvenile cases. We understand the unique aspects of juvenile law and the challenges of defending young clients.
A Personalized Approach : We believe every case is unique. We take the time to understand your child’s situation and develop a defense that fits their needs.
Focus on Positive Outcomes : Our goal is to protect your child’s rights while minimizing the impact on their future. In some cases, we may be able to negotiate alternatives to court, such as counseling or community service.

Protecting Your Child’s Future

Cyberbullying cases can have lasting effects on a child’s life. An accusation, whether in school or in court, can impact academic opportunities and personal relationships. Working with an experienced attorney can help protect your child’s future.

If your child has been accused of cyberbullying, contact BSW. We are here to provide the legal support and guidance you need. Cyberbullying cases are complex, but with the right defense, your child can move forward with a secure future. Call us today to learn more about how we can help.

The Rising Dangers of Electric Scooters

Wed, 30 Oct 2024 16:00:00 GMT

Electric scooters are becoming a popular mode of transportation. Their ease of use and affordability attract riders of all ages. But their rapid rise has also brought a surge in injuries. Riders, pedestrians, and even drivers are often caught off guard by the risks. If you or a loved one has been injured by an electric scooter, it’s crucial to know your rights. Bauer, Scanlon, & Wigginton (BSW) is here to help those facing injury claims due to electric scooters.

The Growing Popularity of Electric Scooters

Cities across the country are seeing a rise in electric scooter use. With minimal regulation, these scooters are readily accessible. Rental companies offer quick sign-ups, and many users start riding without much experience. But what may seem like an easy ride can quickly turn dangerous.

Easy Access : With just a smartphone app, users can unlock and ride a scooter. Many do so without helmets or safety gear.
No Training Requirements : Unlike cars or motorcycles, scooters don’t require training or licensing.
High Speeds : Electric scooters can reach speeds of 15 to 20 miles per hour. For someone without experience, this can be dangerous.

The Risks Associated with Electric Scooters

Electric scooters pose several unique dangers, both to riders and others on the road. Here’s a look at some of the most common risks.

1. Lack of Protection for Riders

Electric scooters provide no external protection. Riders are exposed to serious injury if they fall or collide with another vehicle. The most common injuries include:

Head trauma
Broken bones
Road rash and cuts
Dental injuries

2. Limited Stability

Scooters are small, narrow, and difficult to balance. Even a slight bump can cause a rider to lose control. When that happens, injuries can occur in seconds.

3. High Injury Rate

Studies show that electric scooters lead to a high rate of emergency room visits. Injuries often occur due to user inexperience, mechanical issues, or other vehicles. According to research, head injuries make up nearly half of scooter-related hospital visits.

4. Hazard to Pedestrians

Electric scooters aren’t just dangerous for riders. Pedestrians can also be victims. Scooters are often used on sidewalks, where they pose a threat to those walking. A careless rider can easily cause a collision with a pedestrian.

Common Causes of Electric Scooter Accidents

Understanding the causes behind electric scooter accidents can help victims make sense of their cases.

1. Mechanical Failure

Electric scooters often face intense use, with minimal maintenance. This lack of upkeep can lead to mechanical issues, including:

Brake failure
Malfunctioning throttle
Tire blowouts

When a scooter fails due to mechanical issues, riders or pedestrians can suffer severe injuries. BSW can help determine if the company is liable for your injuries.

2. Negligent Riders

Inexperienced riders or those under the influence pose a significant risk. Scooter companies have minimal control over who uses their products. Some people ride recklessly, ignoring safety protocols and local laws. If you’re injured by a negligent rider, we can help you seek compensation.

3. Road Hazards

Scooters are small and lack shock absorption. Uneven pavement, potholes, or debris can lead to sudden accidents. When riders hit these hazards, they may fall or swerve into traffic. If a road hazard caused your accident, determining liability can be challenging. BSW can help you understand your options.

4. Collisions with Vehicles

Scooters often share the road with cars, bicycles, and other traffic. Drivers may not see or expect them, leading to accidents. Because of the scooter’s size, visibility is a major issue. Accidents with vehicles often result in serious injuries for the rider.

Steps to Take After an Electric Scooter Accident

If you’re injured in a scooter accident, it’s important to act quickly. Here’s what to do immediately after an accident:

Seek Medical Attention : Get help even if injuries seem minor. Some injuries, especially head trauma, may not show symptoms right away.
Document the Scene : Take photos of the accident scene, the scooter, and any injuries. Collect witness statements if possible.
Report the Incident : File a police report and inform the scooter rental company, if applicable.
Consult an Attorney : Scooter accident claims can be complex. An experienced lawyer can guide you through the legal process.

How BSW Can Help with Your Scooter Accident Case

At BSW, we understand the challenges of electric scooter cases. With over 25 years of combined experience, our team can navigate the complexities of your claim. We provide legal support for those injured due to scooter accidents in Delaware County. Here’s how we can help:

1. Investigating Your Accident

Electric scooter accidents require a thorough investigation. Was the accident caused by a defect in the scooter? Did a driver or pedestrian act negligently? Our team will examine every detail to determine who is at fault.

2. Dealing with Insurance Companies

Insurance companies may try to avoid paying full compensation. At BSW, we advocate for our clients to ensure fair settlements. Our team has experience negotiating with insurers and will fight to get you the compensation you deserve.

3. Representing You in Court

If necessary, we’re prepared to take your case to trial. As seasoned litigators, we are tenacious in defending your rights. When we represent you, we leave no detail overlooked.

The Long-Term Impact of Scooter Accidents

Electric scooter injuries can lead to long-lasting consequences. Many victims experience ongoing medical issues, including:

Chronic pain
Limited mobility
Mental health challenges, such as PTSD
Financial stress due to medical bills and lost income

When injuries are severe, victims may face life-altering conditions. Some need long-term rehabilitation or surgery. At BSW, we understand the impact of these injuries. We’ll work tirelessly to secure compensation for your medical expenses, lost wages, and pain and suffering.

Seeking Justice After a Scooter Accident

Every scooter accident is unique. Injuries can range from minor to catastrophic. Victims need skilled legal advocates to navigate the legal process. At BSW, we offer a personalized approach to each case. We believe that every victim deserves justice. Our experience in Delaware County gives us insight into the local legal system.

If you’ve been injured in an electric scooter accident, reach out to BSW. With our dedicated team, you’re never alone. We’re here to guide you through every step of your case. Don’t face the challenges of a scooter accident claim by yourself.

Contact BSW Today

Accidents happen fast, and the consequences can last a lifetime. When you need a strong, experienced legal team, BSW is here for you. Contact us for a consultation to discuss your scooter accident. Let us help you protect your rights and pursue justice.

Facing Gun Charges in Delaware County?

Mon, 30 Sep 2024 21:02:00 GMT

Gun charges can carry serious penalties that may permanently affect your life. Whether you’re facing charges for illegal possession , unlawful discharge, or carrying without a permit, navigating the legal system without an experienced attorney can be overwhelming and risky. At Bauer, Scanlon, & Wigginton (BSW) Lawyers, we understand that every gun charge is different and requires a tailored defense strategy. Our team of skilled attorneys has over 25 years of combined experience in criminal defense, and we have a deep understanding of the local Delaware County legal system.

In this blog, we’ll explore the importance of strong legal representation in gun-related cases, how our team at BSW Lawyers approaches gun charges, and the critical steps we take to defend our clients.

Understanding Gun Charges in Pennsylvania

Pennsylvania’s gun laws are complex, and the consequences for violating them can be severe. Some of the most common gun-related charges we see include:

Carrying a Firearm Without a License : If you’re found carrying a concealed firearm without a valid license, you could face serious penalties, including fines and jail time. A conviction for this charge can result in a misdemeanor or even a felony, depending on the circumstances.
Illegal Possession of a Firearm : This charge applies if you are in possession of a firearm while being prohibited by law from doing so. This can include people with prior felony convictions or those with restraining orders.
Unlawful Discharge of a Firearm : If a firearm is discharged in a prohibited area or in a reckless manner, charges of unlawful discharge can be brought. Even if no one is injured, the penalties for this can be significant.
Possession of a Firearm in a School Zone : Carrying a firearm on school grounds is a serious offense that can result in heavy fines and jail time.
Straw Purchases : If you’re accused of purchasing a firearm on behalf of someone who is legally prohibited from owning one, you can face federal charges, which often come with harsh penalties.

Gun charges can be complicated by a variety of factors, including the presence of other criminal charges, previous convictions, or even misunderstandings about your intent. No matter the circumstances of your case, a gun charge is not something to take lightly. The penalties for these crimes can include hefty fines, loss of gun ownership rights, and significant prison sentences. That’s why it’s crucial to have an experienced legal team like BSW Lawyers on your side.

Why Local Experience Matters in Gun Charges

One of the biggest advantages we offer at BSW Lawyers is our deep, local knowledge of Delaware County’s legal system. Our team consists of “homegrown” attorneys who not only understand the local legal procedures but also have a well-respected reputation with key players in the county.

1. Experience as a Prosecutor and in Criminal Defense:

In Delaware County, how a gun charge is handled can depend on which prosecutor is assigned to your case or which judge presides over it. Knowing these individuals and how they operate can make a significant difference in the outcome of your case. Some judges might have a reputation for being particularly tough on gun charges, while others may be more open to alternative sentencing options, such as probation or diversion programs.

Our attorneys at BSW have worked with many of these judges and prosecutors over the years, and we use this familiarity to our clients’ advantage. We know how to approach cases based on the specific preferences and tendencies of these key players, allowing us to tailor our strategies for the best possible outcome.

2. Understanding Local Law Enforcement Tactics:

Being familiar with how local law enforcement officers conduct arrests and investigations is another crucial factor in building a strong defense. If you were stopped or searched without probable cause, or if your rights were violated in any way during your arrest, we will identify those issues and use them to challenge the validity of the charges against you. Our intimate knowledge of Delaware County means we know where law enforcement tends to overstep, and we won’t hesitate to hold them accountable.

Crafting a Robust Defense Strategy

At BSW Lawyers, we know that no two gun charges are the same. That’s why we take a personalized approach to every case, meticulously examining the facts and circumstances to develop a solid defense strategy. Here are some of the ways we fight to protect your rights:

1. Challenging the Evidence:

In gun cases, the prosecution often relies heavily on physical evidence, such as the firearm itself or forensic tests. We rigorously examine the chain of custody to ensure that the evidence was handled properly and not tampered with. Additionally, we look at how the firearm was discovered—was it found during an illegal search or seizure? Was there probable cause for the stop or the search that led to the discovery of the weapon? If we find that your constitutional rights were violated at any point, we will move to have the evidence suppressed.

2. Investigating Witness Credibility:

In cases where witness testimony is central to the prosecution’s case, we scrutinize the reliability and credibility of those witnesses. Were they in a position to accurately observe the events in question? Do they have any personal biases or motivations that could impact their testimony? Our thorough investigation can expose inconsistencies or errors that weaken the prosecution’s case.

3. Examining Intent and Circumstances:

Pennsylvania law treats gun charges differently depending on the intent behind the act. For example, accidental discharge or carrying a firearm with no intention of committing a crime may result in reduced penalties compared to situations where a weapon is used in the commission of a crime. We work closely with our clients to understand the context of the incident and present evidence that demonstrates a lack of criminal intent.

4. Plea Bargaining and Alternative Sentencing:

In some cases, negotiating with the prosecution for a reduced charge or lighter sentence may be in the best interest of our client. With our extensive experience in the Delaware County legal system, we know when it’s appropriate to push for plea bargains or alternative sentencing options, such as probation, diversion programs, or community service, instead of jail time. We fight to minimize the long-term impact of a gun charge on your life.

The Importance of Acting Quickly

When facing gun charges, time is of the essence. The sooner you seek legal counsel, the better your chances of building a strong defense. At BSW Lawyers, we encourage anyone facing gun-related charges to reach out for a consultation as soon as possible. Early intervention allows us to gather evidence, interview witnesses, and begin crafting a defense strategy before critical deadlines pass or the prosecution solidifies its case.

In some situations, we may be able to negotiate a reduction or dismissal of charges before a trial even begins. But the sooner we can get started, the more options we will have for building a successful defense.

How BSW Lawyers Can Help You

When you hire BSW Lawyers, you are getting more than just a defense attorney—you are getting a team of advocates who are dedicated to protecting your rights. Our experience as former prosecutors, assistant district attorneys, and public defenders gives us a well-rounded perspective on how the legal system works, and we use that insight to provide the best possible defense for our clients.

We approach every gun charge with the same level of tenacity and dedication, whether you’re facing a minor misdemeanor or a serious felony. We believe that every person deserves a fair trial and competent legal representation, and we will fight tirelessly to ensure that your rights are upheld.

If you are facing gun charges in Delaware County, don’t wait—contact BSW Lawyers today for a free consultation. With over 25 years of combined experience, our team of homegrown attorneys knows how to navigate the local legal system and build a strong defense on your behalf. Reach out to us now to learn more about how we can help you protect your future.

Local Experience in Criminal Defense

Sun, 29 Sep 2024 20:13:00 GMT

When facing criminal charges, it can feel like the weight of the world is on your shoulders. Every decision you make during this stressful time can have far-reaching consequences for your future. In these moments, having an experienced and trustworthy legal team by your side can make all the difference. At Bauer, Scanlon, & Wigginton (BSW) Lawyers, our team of seasoned attorneys understands this all too well. With over 25 years of combined experience in criminal defense and deep-rooted knowledge of Delaware County, we bring unparalleled expertise and insight to the courtroom.

In this blog, we will explore the unique advantages of working with a local legal team like BSW, the importance of understanding the criminal justice system from both sides, and how we leverage this knowledge to fight for our clients’ rights.

The Power of Local Experience

One of the standout qualities of BSW Lawyers is our “homegrown” approach to legal representation. As local attorneys in Media, PA (Delaware County)., we have experience attorneys with criminal prosecution and criminal defense. Our knowledge and experience provides significant advantages in navigating the intricacies of criminal defense.

Knowing the Key Players: Our familiarity with local judges, prosecutors, and law enforcement officers helps us help our clients. Having worked with these key players over the years, we can adapt our defense strategies accordingly, ensuring that no opportunity is overlooked.
Understanding Local Laws and Procedures: Laws may be uniform across the state, but each county operates with its own local procedures and nuances. Understanding how Delaware County handles specific cases—from arraignments to plea bargains to trials—enables us to stay ahead of the curve. For example, certain judges might favor alternative sentencing options, such as probation or treatment programs, rather than jail time. This allows us to craft defense strategies that align with local practices, potentially leading to more favorable outcomes for our clients.
Familiarity with the Terrain: There’s something to be said about knowing the local landscape, both judicial and physical. If you tell us where you were arrested, chances are we know exactly where it happened and what factors might have influenced your case. Was it a well-known traffic hotspot? Were there environmental conditions that could impact witness credibility? Our familiarity with Delaware County gives us an edge in dissecting the details of your case.

A Criminal Defense Team That Understands Both Sides

At BSW Lawyers, we bring a unique perspective to criminal defense, thanks to our team’s diverse backgrounds. Each of our attorneys has experience working on both sides of the legal system. Patrick Scanlon, Jeff Bauer, and Conor Wigginton have all held roles that give them insight into how the prosecution builds its case. This experience includes time as a prosecutor, assistant district attorney, and public defender.

1. Prosecutorial Experience:

Having a former prosecutor on your defense team means we know how the other side thinks. We understand how prosecutors evaluate evidence, build arguments, and try to secure convictions. This insight allows us to preemptively challenge weak points in their case and develop counterstrategies designed to undermine their approach.

2. Public Defender Insight:

Our experience as public defenders has taught us the importance of fighting for every client, no matter the charge. Public defenders often handle a large caseload, and their role requires them to be adaptable, resourceful, and creative when defending clients. This background equips us with a deep sense of empathy and determination to ensure that each of our clients receives the robust representation they deserve.

3. Private Firm Acumen:

Combining public defense experience with private practice skills, BSW offers a well-rounded approach to legal representation. We don’t just focus on winning cases; we focus on doing it efficiently and effectively. Private practice allows us to devote more time and resources to each case, ensuring that no stone is left unturned.

Defending Your Rights with Tenacity

When you choose BSW Lawyers, you’re not just hiring attorneys; you’re hiring advocates. We approach every case with tenacity, no matter how minor or severe the charge. From DUI offenses and drug possession to more serious allegations like assault or theft, we apply the same level of commitment and care to each case.

Thorough Investigation: Our defense strategies always start with a thorough investigation. We review the evidence with a fine-tooth comb, looking for inconsistencies, errors in procedure, or violations of your constitutional rights. From unlawful searches to misidentifications, we are relentless in challenging any aspect of the prosecution’s case that could weaken their position.
Expert Consultation: In complex cases, we often consult with experts in fields such as forensic science, accident reconstruction, or digital evidence analysis. By bringing in specialists, we can challenge the validity of key evidence presented by the prosecution, ensuring that our clients are not convicted based on faulty or misleading information.
Client-Centered Approach: At BSW, we recognize that being accused of a crime can be an overwhelming experience. That’s why we take the time to listen to your side of the story and explain your legal options in clear, understandable terms. We believe in empowering our clients with knowledge, so they can make informed decisions about their defense.

When Criminal and Civil Law Overlap

While BSW Lawyers are primarily focused on criminal defense, we understand that legal issues often span multiple areas of law. Criminal charges can sometimes lead to civil complications, such as restraining orders or custody battles. Our team is equipped to handle these overlapping legal matters, ensuring that all aspects of your case are addressed comprehensively.

Whether you’re dealing with a domestic issue or need help with wills, powers of attorney (POA), or health care proxy documentation, BSW Lawyers can provide the support you need. By offering both criminal and civil legal services, we help clients navigate their legal challenges with confidence and peace of mind.

Call us for a free Consultation

If you’re facing criminal charges in Delaware County, time is of the essence. The sooner you seek legal counsel, the better your chances of achieving a favorable outcome. At BSW Lawyers, we offer consultations to anyone dealing with criminal charges, giving you the opportunity to discuss your case with our experienced team and explore your legal options.

Our goal is to provide each client with energetic and knowledgeable representation that is difficult to match. With our unique combination of local insight, prosecutorial experience, and unwavering dedication to your defense, we are confident in our ability to fight for your rights and help you achieve the best possible outcome.

Whether you’re facing criminal charges or dealing with a civil matter, BSW Lawyers are here to offer the support and advocacy you need. With over 25 years of combined experience and deep connections within Delaware County’s legal system, we are the team you can trust to defend your rights. Reach out today to schedule your consultation and take the first step toward securing the defense you deserve.

DUI on Labor Day Weekend: Understand Risks and Your Legal Rights

Fri, 30 Aug 2024 10:00:00 GMT

DUI on Labor Day Weekend: Understand Risks and Your Legal Rights

Last Labor Day weekend in Pennsylvania brought stark reminders of the dangers of impaired driving, with 1,189 reported crashes leading to 20 fatalities and 892 injuries. Of these incidents, 133 were alcohol-related, resulting in eight deaths, while 41 involved drugs, leading to five fatalities. These numbers underscore the ongoing need for both robust prevention efforts and fair legal representation for those accused of driving under the influence (DUI).

As the Labor Day holiday approaches, law enforcement agencies across Pennsylvania are intensifying their efforts to reduce impaired driving. The Pennsylvania State Police (PSP) and local municipal agencies are participating in a national campaign aimed at keeping the roads safe during this high-risk period. This campaign, funded by a nearly $6 million grant from the National Highway Traffic Safety Administration (NHTSA) through PennDOT, highlights the seriousness with which impaired driving is treated during the holiday weekend. However, for those charged with DUI , this increased enforcement also means heightened legal consequences, making it more important than ever to secure knowledgeable and skilled legal representation.

Understanding the Increased Risk During Labor Day

A frequently asked question is, “How much more dangerous is travel over the Labor Day holiday?” To answer this, it’s essential to consider two aspects: comparing the holiday period to similar time frames and accounting for changes in the amount of driving.

The National Safety Council (NSC) compares the Labor Day holiday period—defined as 6 p.m. Friday to 11:59 p.m. Monday—to comparable weekends immediately before and after the holiday. Analysis of data from the Fatality Analysis Reporting System (FARS) for 1996 to 2022 reveals that the average number of traffic deaths during the Labor Day weekend is approximately 9% higher than during equivalent non-holiday periods. Specifically, the average number of traffic deaths over the past six years during Labor Day weekends was 450, compared to 411 deaths during comparable weekends.

While this 9% increase in fatalities is noteworthy, it’s important to recognize that the difference between the average number of deaths during the holiday and non-holiday periods is not statistically significant at the .05 level. This suggests that while the risk of fatal crashes may be slightly elevated during Labor Day, other factors, such as increased travel volume, could contribute to this rise in fatalities.

Comparison with Other Holidays

When comparing the Labor Day holiday to other holiday periods, the NSC uses an average fatality-per-day rate. Historically, Labor Day, along with other summertime holidays like Memorial Day and Independence Day, has one of the highest average fatality rates per day. In contrast, holidays like Thanksgiving, Christmas, and New Year’s Day tend to have lower average fatality rates per day. This trend underscores the heightened risk associated with summer holidays, which are often marked by increased travel and social gatherings where alcohol consumption is more prevalent.

Changes in Travel and Exposure

One critical factor to consider when assessing the danger of traveling during the Labor Day holiday is the change in the amount of driving or exposure. Unfortunately, there is no national data system that tracks changes in vehicle miles traveled by day of the year. However, the NSC assumes that travel typically increases on holiday weekends compared to non-holiday weekends.

If the assumed increase in travel exceeds 9%, then the risk of dying in a traffic crash during the Labor Day holiday period may be less than during comparable non-holiday periods. Conversely, if the travel increase is less than 9% or if travel is actually lower, the risk of dying during the holiday could be greater than during comparable periods. This nuanced understanding of risk is essential for both law enforcement planning and legal defense strategies.

Traffic Fatalities for Labor Day 2024

To estimate the number of deaths likely to occur in traffic crashes during the Labor Day holiday period in 2024, the NSC uses a systematic approach based on historical data. The process involves three steps:

Determine the Fraction of Holiday Fatalities: Historical data is used to calculate the average percentage of motor-vehicle fatalities that occur during the Labor Day holiday as a proportion of total motor-vehicle deaths for the month of September.

Estimate Total September Traffic Deaths: A time series forecasting model, specifically an exponential smoothing model with seasonality, is used to predict the total number of traffic fatalities for September 2024. This model is chosen due to the seasonal pattern observed in traffic deaths.

Calculate the Holiday Estimate: The projected total fatalities for September 2024 are multiplied by the fraction obtained in the first step to estimate the number of traffic deaths expected during the Labor Day holiday period.

Using this method, the NSC forecasts that there will be approximately 3,939 traffic fatalities in September 2024. Based on the historical average, it is estimated that 11.6% of these deaths will occur during the Labor Day holiday period, resulting in an estimate of 457 traffic fatalities during the holiday. The 90% confidence interval for this estimate suggests that the number of traffic deaths could range from 378 to 544 during the holiday period.

Legal Implications for Those Charged with DUI

Given the increased enforcement and the elevated risk of traffic fatalities during the Labor Day holiday, individuals charged with DUI during this time face significant legal challenges. DUI charges can lead to severe penalties, including hefty fines, license suspension, mandatory alcohol education programs, and potentially incarceration. Moreover, a DUI conviction can have long-lasting effects on an individual’s personal and professional life, from employment prospects to personal relationships.

Our firm is dedicated to defending the rights of individuals charged with DUI in Pennsylvania. We understand that being charged with DUI is an overwhelming experience, often filled with uncertainty about the future. Our goal is to provide our clients with the support and legal expertise they need to navigate this difficult time.

The Importance of a Fair Defense

It’s important to remember that being charged with DUI does not automatically result in a conviction. Many factors can influence the outcome of a DUI case, including the accuracy of blood alcohol concentration (BAC) tests, the legality of the traffic stop, and whether the individual’s rights were upheld during the arrest process. Our team of experienced attorneys is skilled in examining these and other aspects of DUI cases, ensuring that any inconsistencies or errors in the prosecution’s case are challenged effectively.

During last year’s Labor Day enforcement period, PSP troopers made 514 DUI arrests and responded to 61 alcohol-related crashes, two of which were fatal. While these numbers reflect the seriousness with which law enforcement approaches impaired driving, they also highlight the importance of ensuring that those accused of DUI receive a fair and robust defense. Our firm is committed to providing that defense, working tirelessly to ensure that our clients are not unjustly penalized.

Addressing Drug-Related DUI Charges

In addition to alcohol-related DUI charges, there is an increasing focus on drug-impaired driving. Law enforcement agencies are now more vigilant in identifying drivers under the influence of illegal drugs or prescription medications. This year’s enforcement efforts will involve approximately 250 Drug Recognition Experts (DREs) trained to detect signs of drug impairment. As DUI laws evolve to address drug-impaired driving, it is crucial for individuals facing these charges to have legal representation that understands the complexities of such cases.

Prevention and Education

Beyond defending the rights of those charged with DUI, our firm is committed to contributing to public safety through education and prevention. We believe that raising awareness about the serious consequences of impaired driving is a key component in reducing the number of DUI-related incidents. By educating our clients and the broader community, we aim to promote safer driving practices and prevent future tragedies.

As we approach the Labor Day weekend, it’s important to recognize both the dangers of impaired driving and the legal challenges faced by those accused of DUI. While law enforcement efforts are crucial in keeping our roads safe, it is equally important that individuals charged with DUI receive fair and competent legal representation. Our firm is dedicated to providing that representation, ensuring that our clients’ rights are protected and that they receive the defense they deserve.

If you or someone you know is facing a DUI charge, especially during this heightened period of enforcement, it is essential to seek legal advice as soon as possible. Call our office today at 610-590-5092 or use our online open 24/7 to schedule a free, 30 minute consultation about how we can assist you in navigating this challenging time. Your rights matter, and we are here to help you protect them.

Accomplice Liability for Victims of Abuse

Thu, 29 Aug 2024 20:11:00 GMT

When Domestic Violence Victims Are Prosecuted as Accomplices

Pennsylvania and all other states have laws that allow individuals to be held legally accountable for crimes committed by others. If a group of individuals rob a bank and one of them shoots and kills a security guard, all of them could be charged with murder. Prosecutors like these laws because they allow them to exert a great deal of pressure on defendants who did not commit serious crimes and may be eager to escape punishment, but not all of the people charged under accomplice liability laws are getaway drivers or lookouts. In many cases, the defendants sent to prison for being accomplices are domestic violence victims who were under the control of their abusers.

Accomplice Liability

Accomplice liability is a legal concept that dates back over a thousand years. In 1020, a law was passed in England that allowed an entire family to be enslaved if one of its members was a thief. In the United States, the amount of involvement in a crime that would make a person an accomplice varies from state to state. The rules laid down by Pennsylvania law state that an individual is considered to be an accomplice if they solicit another person to commit a crime or aid in the planning or commission of a crime.

Accomplice liability laws were passed to ensure that all individuals connected with a crime are punished accordingly, but some of the people being prosecuted under them are unfortunately victims rather than perpetrators. When researchers from Mother Jones and the Marshall Project searched federal and state court records, they identified almost 100 cases that involved victims of domestic abuse who were sent to prison as accomplices. These offenders, almost all of whom were women, did not participate in the crimes their abusers committed, but they were prosecuted and sentenced because they did not prevent the crimes or report them to the police.

Life Without Parole

Accomplices often face the same punishments as perpetrators, which means domestic violence victims can be sent to prison for decades if their abusers commit serious offenses like murder in their presence. This is what happened in a case involving a Louisiana woman in 1985. The woman was sitting in a car when her abuser robbed and killed two people, but she was sentenced to life imprisonment without the possibility of parole. The woman told the court that her abuser had threatened to kill her if she talked, and a witness testified that he knew of the threat. In other cases, women have been given long prison sentences for human trafficking even though they were trafficking victims themselves.

Unsympathetic Courts

Domestic violence victims often say that judges and lawyers do not understand what it is like to live in constant fear, and the outcomes of many accomplice liability cases seem to support this view. The psychological trauma that domestic violence victims suffer is poorly understood in legal circles, which can lead to questionable statements being made in court. Before he sentenced a domestic violence victim to up to 30 years behind bars for assisting her abuser during a string of robberies, a Michigan judge told her that she should have left the man when she had the chance. Judges in other cases have ruled that juries should not hear about abusive relationships. What the courts do not seem to realize is that these women face very real dangers. According to the Bureau of Justice Statistics , about one-third of the approximately 5,000 women who were murdered in the United States in 2021 were domestic violence victims who were killed by their abusers.

Sobering Statistics

Determining how many domestic violence victims have been incarcerated for assisting with or concealing crimes committed by their abusers is difficult because the information is not tracked, but a handful of studies have shed at least some light on the issue. When researchers studied the case files of women serving life sentences in Michigan, they discovered that 60% of them had been convicted of murders committed by another person. Most of these perpetrators were abusers that the women had been romantically involved with. In a wider study of female inmates who had been convicted of murder or manslaughter, 13% of the women interviewed said that their abusers had committed the crimes they were serving time for.

Legislators Want to Be Tough on Crime

Laws that send people to prison for decades for crimes they did not commit should be criticized, but things become even more complicated when accomplices are involved. The laws dealing with accomplice liability were written to punish people who participate in or profit from criminal activity, and efforts to narrow their focus have been largely unsuccessful. This is because the offenses committed by domestic violence offenders are often serious, and lawmakers do not want to appear soft on crime. Attempts to add fairness by changing the way domestic violence victims are sentenced have been received more warmly by legislators, but they have still been rejected in several states.

More Lenient Sentencing and Early Release

Activists working to blunt the impact of accomplice liability laws in New York scored a victory in 2019 when lawmakers passed the Domestic Violence Survivors Justice Act . The law allows defense attorneys and prosecutors to revisit cases involving domestic violence victims and seek sentencing relief if they committed a crime while in an abusive relationship and the abuse was a significant contributing factor. One of the first people to receive sentencing relief under the law was a woman who was convicted of murder in 1999 when she was 16 years old. The victim was in a relationship with a minister who groomed, sexually abused and trafficked her. She was released from prison in 2022 after serving 23 years. Efforts to pass similar laws have failed in Louisiana, Oregon and Minnesota.

Legislators in Illinois passed a law in 2015 that allows domestic violence victims to seek resentencing if their crimes were connected to an abusive relationship, but the number of inmates resentenced or released under the law is not being tracked. If it were, the number of reduced sentences would likely be fairly low because the Illinois law does not allow judges to deviate from mandatory minimum sentencing requirements. In New York, judges can ignore sentencing guidelines and choose to release or resentence domestic violence victims based on the facts.

Some Accomplices Deserve Sympathy

Individuals who conspire with others to commit serious crimes should be punished, but some accomplices deserve sympathy. Domestic violence victims who fear death or physical harm should not be treated like the members of a criminal gang, but they often are. This is why any person who is accused of being a conspirator or accomplice should consult with an experienced Pennsylvania criminal defense attorneys before accepting any plea agreements.

The team of Pennsylvania criminal defense attorneys at Bauer, Scanlon & Wigginton have been advocating on behalf of people who found themselves on the wrong side of the law for decades, and they know that prosecutors often have strong negotiating positions when they deal with alleged accomplices. If you are being investigated by the police or have been charged with a crime, you can schedule a consultation to speak with one of our attorneys in our Media office by calling (610) 590-5092. Alternatively, complete and submit our online form to arrange a consultation.

SCOTUS Enhanced Sentencing Decisions Are Up To Juries

Mon, 26 Aug 2024 14:00:00 GMT

SCOTUS Rules That Juries Are to Decide on Matter of Enhanced Sentencing

The Supreme Court of the United States has officially ruled to put certain limitations on the way it is determined that defendants in criminal cases meet the Armed Career Criminal Act’s qualifications. This decision came on June 21, 2024. The court ruled that it is up to juries to make the call whether or not a case warrants an enhanced sentence.

Justice Neil Gorsuch wrote for the majority that a judge can’t take on the duty of finding facts because it is the responsibility of the jury. The opinion took particular issue with the idea that a judge could assume this function while only meeting the standard of preponderance of the evidence. According to Gorsuch, this would be an intrusion on the Fifth and Sixth Amendments.

A Surprising Split

It was a 6-3 ruling that split up the court in an abnormal way. Joining the majority were Justices Neil Gorsuch, Elena Kagan, Clarence Thomas, Amy Coney Barrett, Sonia Sotomayor and Chief Justice John Roberts.

Writing the dissent was Justice Brett Kavanaugh, who was joined in this opinion by Justices Ketanji Brown Jackson and Samuel Alito.

This decision comes as a result of the case of Paul Erlinger, who was found guilty of four acts of burglary, all committed at the age of 18. For these crimes, Erlinger received a sentence of 15 years in prison.

Because of the fact that there were multiple convictions, Erlinger met the qualifications of the Armed Career Criminal Act to receive an enhanced sentence since he was a felon in possession of a firearm.

Erlinger countered in his argument that the qualifications laid out in this act weren’t met, and thus he shouldn’t be subject to an enhanced sentence. The key point in his defense was that each act of burglary he was convicted of happened on the same occasion.

What Is the Precedent?

This related back to Wooden v. United States , when the Supreme Court justices devised a multifactor test as a way to decide whether the past crimes that a criminal defendant committed should be regarded as one prior offense or count as multiple offenses.

In response to Erlinger’s argument, it was a judge who concluded that all four of his burglaries should each be considered their own separate offense. This qualified him for the minimum mandatory sentence imposed by the ACCA.

The defendant’s argument was rejected by the Seventh Circuit. However, there was no opposition to his Supreme Court appeal.

Ultimately, the government landed on Erlinger’s side. It was agreed that it’s up to the jury to do their own fact-finding in cases where they must make this distinction on how to interpret the Armed Career Criminal Act’s qualifications and thus the past crimes that come into play.

The attorney who represented Erlinger in this matter made the point that the only thing that was being requested was a pivot of the fact-finding duties to the jury, instead of letting the judge take on that role.

The Right to a Jury

The lower court’s attorney made the argument that there was a precedent for judges to maintain authority in proceedings like this.

Gorsuch, however, held a different view. He looked at the precedent set in Apprendi v. New Jersey and came to the complete opposite conclusion: that Erlinger was entitled to a jury. Based on what happened in this case, he found that it must be a jury that finds facts to increase the penalties of a criminal defendant. Gorsuch even pointed out the similarities between Erlinger’s case and Apprendi .

Gorsuch said that when it comes to the question of what should and shouldn’t be considered a separate occasion, a jury should unanimously resolve the issue beyond a reasonable doubt. He also specified that the Supreme Court’s decision did not go beyond that scope.

According to Gorsuch, it is mandated by the Constitution that juries must come up with these answers and not judges. However, he also mentioned that this still might not be enough to ensure that justice is served.

Gorsuch wrote that it might be necessary to assemble a jury of the defendant’s peers to make these types of decisions. This group must come to a unanimous decision even when the facts in question appear to be simple, and they must meet the reasonable doubt standard, which is no easy task.

Gorsuch also expressed concern about the potential to cause prejudice amongst members of the jury when evidence of prior convictions is introduced. The justice also underlined the right to a jury trial as an integral part of a free country.

Chief Justice Roberts, who George W. Bush appointed, agreed with this point and suggested the possibility that Erlinger would fail in the lower courts. According to Roberts, a harmless error review would need to be conducted to determine if the defendant’s Fifth and Sixth Amendment rights were violated. Roberts wrote that the Seventh Circuit must take another look at where the government disagrees about the harmless nature of the error. It’s a complex issue that may take an experienced criminal defense attorney to understand.

The Role of Recidivism

Writing for the dissent, the Trump-appointed Kavanaugh looked to Almendarez-Torres v. United States from 1998. The justices held in that case that judges or juries were allowed to make this enhanced sentencing decision by considering recidivism, which is the tendency of a convicted criminal to re-offend. The justice said that this case mandated the decision to go to the legislature because recidivism wasn’t involved in this crime and governments have assumed various methodologies when it comes to the application of these types of sentences.

Kavanaugh countered that it would be a sudden shift away from a precedent that has been in place for a long time if it were held to be a requirement of the Constitution that recidivism be considered an element of the crime. Kavanaugh refers to the tradition that either judges or juries are allowed to answer this recidivism question about the defendant.

The Risk of a Prejudiced Jury

Kavanaugh also pointed out the concern of ending up with a prejudiced jury if sentencing enhancements fall on their shoulders. As Kavanaugh put it, juries would be presented with information about the previous crimes of the defendant that could unduly sway their decision on the matter at hand.

Justice Jackson claimed in her dissent that the Apprendi decision was wrong. Jackson believes that it isn’t an overreach in the constitutional authority of Congress to give a judge the power to exercise fact-finding, nor to direct a specific sentence after making such an assessment. Additionally, the justice mentioned that her opinion in this matter has also been shared by numerous jurists and observers.

However, the precedent set in Apprendi is binding. Because of this, Jackson finds it likely impossible to undo. The justice stated that it was this flawed precedent that made her decide not to join the majority to extend the holding of this case.

Contact the Delaware offices of Bauer, Scanlon & Wigginton today for a Pennsylvania criminal defense attorney who will fight for you. Schedule a free initial consultation by calling us at 610-590-5092.

The Ways That You Can Challenge Breath Test Results

Sun, 14 Jul 2024 16:11:00 GMT

Challenging the Results of a DUI Breath Test

Breath test results are usually the most important pieces of evidence in drunk driving cases. When the results of a breath test reveal that a motorist charged with driving under the influence was operating their vehicle with a blood alcohol concentration of 0.08% or higher, the prosecutor assigned to the case may confidently believe that they have sufficient evidence to secure a conviction. This confidence is well founded most of the time, but there are situations where the validity of a breath test or the accuracy of breath test results could be challenged.

What Is a Breath Test?

When people consume beer, wine or liquor, the alcohol they ingest passes from the stomach into the bloodstream. Once in the blood, alcohol travels to all parts of the body, including the lungs. This means that the amount of alcohol found in a motorist’s breath can reveal how much alcohol is in their blood. Breath tests are conducted in the following way:

The test subject blows into a tube connected to a breath-testing device for several seconds.
The exhaled air enters a testing chamber containing potassium dichromate and other chemicals.
If alcohol is present in the breath sample, the color of the chemical solution changes from red to green.
A photocell sensor measures the degree of color change and produces an electrical current.
The electrical current is converted into a numerical BAC value.

People who are arrested for DUI usually take two breath tests. They are tested at the roadside using portable devices that police officers keep in their vehicles, and they are tested again at a police facility during the booking and processing procedure. The second test is conducted using more sophisticated equipment, and it is these results that are used in court.

Refusing a Breath Test

Drivers who are facing drunk driving charges may think that refusing to take a breath test will deprive the prosecutor assigned to their case of crucial evidence and make proving guilt beyond reasonable doubt difficult or impossible. This is not a good idea. Every state has an implied consent law , which means motorists who refuse to take chemical tests to determine whether or not they are intoxicated commit an offense.

People agree to provide blood or breath samples to police officers as a part of their driver’s license applications. Police officers can only request a chemical test when they have good reason to believe that a driver is impaired. Signs of intoxication that could justify such a request include slurred speech, unsteadiness, watery or bloodshot eyes and the odor of alcohol. Refusing a breath test in these circumstances will lead to penalties, even if DUI charges are dismissed. In Pennsylvania, the penalties for refusing a chemical test are:

First offense: Motorists who refuse to take a chemical test for the first time are banned from driving for 12 months and must pay up to $500 to have their driving privileges restored.
Second offense: The driver’s license suspension is increased to 18 months, and the restoration fee can be as high as $1,000 after a second chemical test refusal.
Third offense: The cost of restoring driving privileges increases to up to $2,000 for drivers who refuse to provide a breath or blood sample for a third time.

This means that refusing to submit to a chemical test in Pennsylvania will have similar consequences to a DUI conviction, and it may not even prevent a criminal prosecution. The refusal could provide grounds to obtain a search warrant to conduct a blood draw, and the testimony of a police officer along with the refusal may be enough to secure a DUI conviction even if blood is not drawn. Consenting to a breath test and then challenging the results may be a more prudent approach. This can be done in several ways.

Challenging the Validity of a Traffic Stop

The vast majority of DUI cases begin with a traffic stop. Drivers are protected by the U.S. Constitution when they are behind the wheel, which means police officers cannot initiate traffic stops unless they have reasonable suspicion to believe that a crime has been committed, is being committed or is about to be committed. The courts have ruled that police officers have grounds to pull a vehicle over when they:

Observe a moving violation like speeding, running a red light or making an illegal lane change
Notice signs of impairment like weaving between lanes
See equipment violations like windows that are tinted too darkly or broken lights
Receive a report about a suspected drunk driver that includes a vehicle description
Observe an expired registration

If a police officer pulls a vehicle over without the requisite reasonable suspicion, the traffic stop could be ruled illegal. In these situations, all evidence gathered during the illegal traffic stop will be excluded under the fruit of the poisonous tree doctrine. This includes the observations of the police officer and the results of any chemical tests. This happens rarely because police officers know that their actions are scrutinized closely. When a police officer suspects that a motorist is impaired, they will usually wait until they observe a violation of some kind before they switch on their lights and siren.

Challenging the Test Procedure

Police officers must follow a strict procedure when they administer breath tests. If they deviate from this procedure, breath test results could be unreliable and subject to challenge. A breath test should not be conducted until at least 15 minutes have passed since the suspect last consumed alcohol. This is because traces of alcohol in the mouth could influence the result. Smoking, mouthwashes or other products that contain alcohol and medical conditions including diabetes and gastroesophageal reflux disease can also skew BAC readings. This is why an experienced Pennsylvania criminal defense attorney will ask clients charged with DUI a lot of questions about their medical histories and how and when their breath was tested.

Questioning the Accuracy of the Testing Equipment

The breath-testing devices used by law enforcement are extremely sophisticated and accurate, but they only produce reliable results if they are maintained properly and recalibrated regularly. That does not always happen. Improper calibration can lead to BAC readings that are 40% too high, which is why judges in New Jersey and Massachusetts invalidated the results of 30,000 breath tests in 2019 alone. When journalists investigated breath-testing procedures in the United States, they discovered:

A breath-testing machine that was being used as a nesting site by rats
Police departments using chemical solutions that had been made in-house
Breath-testing machines with numerous software errors in their programming

Police departments are expected to keep accurate records when they maintain and recalibrate their breath-testing equipment, and test results may be challenged when these records are missing or incomplete.

Establishing Reasonable Doubt in Drunk Driving Cases

If you are charged with driving under the influence, you deserve the best defense possible. The attorneys at Bauer, Scanlon & Wigginton have decades of criminal defense experience, and they will advocate fiercely on your behalf. If you would like to discuss your legal options with one of our Pennsylvania criminal defense attorneys, you can schedule a consultation at our Media office by calling (610) 590-5092 or filling out our online form .